MALMAY v. SIZEMORE

No. 17140-CA.

474 So.2d 1358 (1985)

James Michael MALMAY, Individually and as Tutor of the Minor, Crystal Francine Malmay, Plaintiff-Appellant, v. Billy E. SIZEMORE, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Granted November 8, 1985.


Attorney(s) appearing for the Case

Booth, Lockard, Politz, Lesage & D'Anna by John R. D'Anna, Shreveport, for plaintiff-appellant, James Michael Malmay.

Rountree, Cox & Guin by Gordon E. Rountree, Shreveport, for defendant-appellee-appellant, Billy E. Sizemore.

Bodenheimer, Jones, Klotz & Simmons by G.M. Bodenheimer, Mary L. Coon, Shreveport, for defendant-appellee, United Services Auto. Ass.

Before HALL, SEXTON and NORRIS, JJ.


SEXTON, Judge.

This action arose as the result of a one car accident which caused the death of Deborah Wilkins Malmay, a passenger in the vehicle. Her husband, James Michael Malmay, instituted suit individually and as tutor for their minor child, Crystal Francine Malmay, for Deborah's wrongful death. Named as defendants were Billy Sizemore, driver of the vehicle; Beverly Jean Heggen, owner of the vehicle; her son, Craig, who allegedly loaned the car to Sizemore; the...

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