MORRIS v. FLENIKEN

No. CA 84 0574.

473 So.2d 319 (1985)

David M. MORRIS v. Wilburn Morris FLENIKEN, II.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 20, 1985.


Attorney(s) appearing for the Case

Kevin Patrick Monahan, Baton Rouge, for plaintiff-appellant David M. Morris,

W. Luther Wilson, Baton Rouge, for defendant-appellee Wilburn Morris Fleniken, II.

Before COLE, CARTER and LANIER, JJ.


COLE, Judge.

This is an appeal from a judgment sustaining the peremptory exception raising the objection of res judicata. The issue presented is whether a suit against a tortfeasor's insurer is subject to dismissal on the basis of res judicata because the plaintiff executed a compromise and release of the tortfeasor, without any reservation of rights against the insurer.

On April 16, 1982, David M. Morris filed suit for personal injuries against Wilburn Morris...

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