SCHMIDT v. DOE

No. CA-6753.

514 So.2d 614 (1987)

Dorothy Shannon SCHMIDT v. John DOE, Claiborne Builders, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

October 7, 1987.


Attorney(s) appearing for the Case

Glenn E. Diaz, Chalmette, for plaintiff-appellant, Dorothy Shannon Schmidt.

Peter A. Feringa, Jr., John F. Olinde, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for defendants-appellees, Claiborne Builders, Inc. and U.S. Fidelity and Guar. Co.

Before GULOTTA, C.J., and GARRISON and WARD, JJ.


WARD, Judge.

The issue in this appeal is whether the parties have entered into a compromise which is a valid basis for an exception of res judicata to a suit for damages.

On August 4, 1984, Dorothy Schmidt's car was struck by a truck belonging to Claiborne Builders, Inc. Upon learning that Claiborne was insured by United States Fidelity and Guaranty Company, Schmidt telephoned USF & G and spoke to Terry Whistler...

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