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SPARACELLO v. ANDREWS

No. 85 CA 0802.

501 So.2d 269 (1986)

Jimmy Lee SPARACELLO, Individually and As Duly Appointed Tutor of Decedent's Minor Children, Theresa Marie Sparacello, and Vincent John Sparacello; Rosa (Rosie) Theresa Sparacello Higgs; Salvador John Sparacello, Jr.; and Samuel John Sparacello v. Scott F. ANDREWS, Edward K. Bowman and Roy C. Jensen.

Court of Appeal of Louisiana, First Circuit.

Writ Denied February 13, 1987.

Attorney(s) appearing for the Case

John Degravelles, Baton Rouge, Joseph H. Simpson, Amite, for plaintiff-appellee.

William J. Waguespack, III, New Orleans, for defendants-appellants Edward K. Baumann and Scott Andrews.

Richard Creed, Jr., Baton Rouge, for defendants-appellants Roy C. Jensen and U.S. Fidelity and Guar. Co.

Michael T. Pawlus, Hammond, for Tickfaw Police Dept.

Before LOTTINGER, SHORTESS and CARTER, JJ.

CARTER, Judge.

This is a suit for damages for the wrongful death of plaintiffs' father, Salvador (Sam) John Sparacello, Sr.

FACTS

On May 23, 1982, defendants Scott F. Andrews, Edward K. Baumann1 and Roy C. Jensen left New Orleans in Baumann's silver Toyota Celica to go tubing near Tickfaw, Louisiana. On the way to Tickfaw, defendants purchased two cases of beer, some of which was consumed on the trip to Tickfaw and the...

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