LAVERGNE v. THOMAS

No. 85 CA 0225.

491 So.2d 687 (1986)

Sharon LAVERGNE, et al. v. Elbia L. THOMAS, et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied September 19, 1986.


Attorney(s) appearing for the Case

Milton Osborne, Jr., Baton Rouge, for plaintiffs-appellants Sharon S. Lavergne, Dorothy A. Stewart, Kenny Ray Stewart, Carol Lenice Stewart, Gwendolyn Sibley.

Ronald G. Coleman, A.L. Carbonette, Baton Rouge, for defendant-appellee Elbia L. Thomas.

Boris F. Navretil and Christine Lipsey, Baton Rouge, for American Nat. Ins. Co. Standard Life & Accident Ins. Co.

Before CARTER, SAVOIE and ALFORD, JJ.


SAVOIE, Judge.

Plaintiffs appeal the trial court's denial of recovery in a wrongful death action. We affirm.

The facts, which are not in dispute, are as follows. During the late evening of June 18, 1982, 53-year old Elbia L. Thomas, defendant, was awakened by the sound of her dog barking and a loud crashing noise coming from her carport. Hearing footsteps coming up the stairs to her kitchen, defendant, who was alone in the house, armed herself with a 32 cal...

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