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MARTIN v. MIDAS MUFFLER SHOP

No. 20087-CA.

535 So.2d 1152 (1988)

James A. MARTIN, Plaintiff/Appellant, v. MIDAS MUFFLER SHOP and Commercial Union Insurance Company, Defendants/Appellees.

Court of Appeal of Louisiana, Second Circuit.

November 30, 1988.

Attorney(s) appearing for the Case

Milton Dale Peacock, Monroe, for plaintiff/appellant.

Theus, Grisham, Davis & Leigh by J. Michael Hart, Sharon W. Ingram, Monroe, for Midas Muffler Shop and Commercial Union Ins. Companies.

J. Bachman Lee, Monroe, for State Farm Mut. Auto. Ins. Co.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

FRED W. JONES, Jr., Judge.

After settling with the third party tortfeasor's insurer without giving written notice to his employer, the worker's compensation claimant sued the employer and its insurer for compensation benefits, penalties and attorney fees. From a judgment rejecting his demands, plaintiff appealed. The appeal was answered to preserve a third party demand against the tortfeasor's insurer.

Martin, an employee of Midas Muffler Shop ("Midas"), during...

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