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FINLEY v. NORTH ASSUR. CO. OF AMERICA

Nos. 17001, 17002-CA.

476 So.2d 837 (1985)

Thomasa Lynn FINLEY, Plaintiff-Appellant, v. NORTH ASSURANCE COMPANY OF AMERICA and Philip S. Surria, III, Defendants-Appellees. Flora MINCHEW, Plaintiff-Appellant, v. NORTH ASSURANCE COMPANY OF AMERICA and Philip S. Scurria, III, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

September 25, 1985.

Attorney(s) appearing for the Case

Dimos, Brown, Erskine, Burkett and Smith by Jimmy N. Dimos and Wade R. Baggette, Monroe, for plaintiffs-appellants.

Theus, Grisham, Davis, Leigh & Brown by Brian E. Crawford, Monroe, for defendants-appellees.

Before HALL, C.J., and MARVIN, JASPER E. JONES, SEXTON and NORRIS, JJ.

MARVIN, Judge.

In consolidated actions arising out of a nighttime auto-pedestrian accident, the surviving pedestrian, Tammie Finley, and the heirs of the fatally injured pedestrian, Frank Minchew, appeal a judgment rejecting their respective demands for damages. CC Art. 2315.

The factual circumstances are not disputed. We respectfully disagree with the trial court's ultimate legal conclusion that the "scope...

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