CARTER v. DEITZ

No. CA-3376.

478 So.2d 996 (1985)

Mrs. Jan R. CARTER, et al. v. Emily DEITZ, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 20, 1985.


Attorney(s) appearing for the Case

Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, Linda S.A. Burke (Appeal Counsel), New Orleans, for thirdparty plaintiff-appellant deLaureal Engineers, Inc.

Michael S. Fawer, Marie O. Riccio, Fawer, Brian, Hardy & Zatzkis, Frank J. D'Amico, Sr., New Orleans, for third-party plaintiff-appellant Jan R. Carter.

Michael E. Wanek, Hulse, Nelson & Wanek, New Orleans, for third-party defendant-appellee Continental Cas. Co.

Victor E. Stilwell, Jr. of Deutsch, Kerrigan & Stiles, New Orleans, and James H. Stewart, Jr. of Nauman, Smith, Shissler & Hall, Harrisburg, Pa., amicus curiae on behalf of Modjeski & Masters.

Before KLEES, WARD and WILLIAMS, JJ.


KLEES, Judge.

This appeal arises from a summary judgment dismissing part of defendant-appellant's, deLaureal Engineers, Inc., (deLaureal), third-party demand against defendant-appellee, Continental Casualty Company (CNA), insurer of Modjeski and Masters (M and M). The issue presented by deLaureal, is whether the trial judge's granting of the summary judgment was erroneous and contrary to law. We conclude that summary judgment should not have been granted and reverse...

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