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ELLIOTT v. MERRITT

No. 83 CA 1065.

457 So.2d 1216 (1984)

Donna Elaine ELLIOTT, et al. v. Priscilla Ann MERRITT, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 7, 1984.

Attorney(s) appearing for the Case

Robert R. Faucheux, Jr., Reserve, for Estate of Howard M. Gilbert.

F. Smith Knobloch, Thibodaux, for Estate of William S. Elliott.

Walter C. Thompson, Jr., Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for Indiana Lumberman's Mut. Ins. Co.

Warren D. Ponder, D.O.T.D., Baton Rouge, for State of La.

Grady C. Weeks, Authement, Weeks & Larke, Houma, for State of La., Dept. of Transp. & Development, Office of Hwys, third party plaintiffs.

Alfred Smith Landry, Landry, Watkins & Bonin, New Iberia, for Olivier Chevrolet, Inc. and Liberty Mut. Ins. Co.

David H. Stiel, III, Aycock, Horne, Caldwell, Coleman & Duncan, Franklin, for St. Mary Parish Police Jury.

Before COLE, CARTER and LANIER, JJ.

LANIER, Judge.

This is a suit for damages in tort for wrongful death which arose from a one car accident in which two of the passengers were killed.

PROCEDURAL FACTS

On January 20, 1981, a one automobile accident occurred in St. Mary Parish near Morgan City, Louisiana, when a 1978 Honda automobile went out of control on Lake Palourde Road and plunged into Bayou Boeuf. The driver of the vehicle was Priscilla Ann Merritt. Two passengers in the vehicle...

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