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OLIVER v. SAIA

No. 86 CA 0346.

510 So.2d 770 (1987)

Joyce OLIVER, et al. v. Samuel SAIA, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 31, 1987.

Attorney(s) appearing for the Case

James A. McCann, New Orleans, for plaintiff/first appellant Joyce Oliver.

Paul Jantz, Baton Rouge, for defendant/ third-party appellee Randall Arnold.

Charles Moore, Baton Rouge, for defendant/appellee Samuel Saia.

John Dale Powers, Baton Rouge, for defendant/third-party appellant Hertz Rental Co.

Richard Creed, Jr., Baton Rouge, for defendant/third-party appellee State Farm Ins.

David Kelly, Baton Rouge, for defendant/third-party appellee General Acc. Fire Ins.

Before EDWARDS, WATKINS and Le BLANC, JJ.

EDWARDS, Judge.

Joyce and Grady Oliver appeal the trial court's dismissal of their tort action against Hertz Equipment Rental Corporation. We affirm.

The accident which gave rise to this action occurred on February 24, 1982, on Louisiana Highway 427 in Ascension Parish. At about 7:00 p.m. Samuel J. Saia was operating a Hertz forklift carrying large boards on the north side of the highway, but so near the highway that the lumber extended onto the highway. Randall...

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