McAVOY v. SMITH

Nos. 86-CA-397, 86-CA-398.

506 So.2d 130 (1987)

Mary R. McAVOY, Individually and as Tutrix of the Minor Child, Kerry Lane Couvillon v. The Succession of Curtis Wayne SMITH, Data Chem, Inc., ABC Insurance Company, Harvey Canal Seaplane Service, Inc. and XYZ Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

April 1, 1987.


Attorney(s) appearing for the Case

Stephen P. Hall, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for defendant-appellee Data Chem, Inc.

Edward D. Markle, Martin A. Stern, Adams & Reese, New Orleans, for plaintiff-appellant Mary R. McAvoy.

Joseph I. Montgomery, Newman, Drolla, Mathis, Brady & Wakefield, Metairie, for plaintiff-appellant Elaine Vincent McAvoy.

Before GAUDIN, DUFRESNE and GOTHARD, JJ.


GAUDIN, Judge.

This is an appeal from the granting of a partial summary judgment dismissing tort claims filed by the surviving widow and children of a passenger (Donnie McAvoy) killed in a seaplane crash. We affirm.

McAvoy and a fellow employee, Curtis W. Smith, a pilot, were authorized by their employer, Data Chem, Inc., to rent a Cessna 180 seaplane and to call on inland water clients.

Attempting to fly to Lafitte, Louisiana, the seaplane crashed...

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