SCULLY v. GAUTREAUX

No. 87-CA-260.

514 So.2d 222 (1987)

Elizabeth SCULLY v. Amy GAUTREAUX, Champion Insurance Company, United States Fidelity & Guaranty Company, John Doe and XYZ Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 14, 1987.


Attorney(s) appearing for the Case

Edward J. Cloos, III, New Orleans, for plaintiff-appellant.

G. Rick Kelly, David J. Mitchell, New Orleans, for defendants-appellees.

Before BOWES, DUFRESNE and GOTHARD, JJ.


DUFRESNE, Judge.

This is an appeal by Elizabeth Scully, plaintiff-appellant, from a judgment in a jury trial apportioning 45% of the negligence to her in a parking lot accident wherein she was run over by a backing motorist. Because we find that the decision of the jury was manifestly erroneous in not finding the defendant motorist 100% at fault, we amend the judgment to so read.

The undisputed facts are these. On the night of the accident, Scully and Tom...

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