SMITH v. LEGER

No. 82 CA 1130.

439 So.2d 1203 (1983)

Earline SMITH and Sara Nixon v. Dometile LEGER & State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 22, 1983.


Attorney(s) appearing for the Case

Clyde A. Ramirez, New Orleans, for plaintiffs and appellants.

Jerry H. Schwab, Houma, for defendants and appellees.

Edward D. Markle, New Orleans, for defendant and appellee, American Liberty Ins. Co.

Before SHORTESS, LANIER and CRAIN, JJ.


LANIER, Judge.

This is a suit for damages in tort arising from an automobile accident brought by the driver and a guest passenger of one of the vehicles. The driver and insurer of the other vehicle filed a peremptory exception of res judicata pleading a written compromise agreement with the plaintiff-driver. The trial court sustained this exception and dismissed the plaintiff-driver's portion of the suit. This devolutive appeal followed.

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