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CARLSEN v. MEHAFFEY & DAIGLE, INC.

No. 87-CA-547.

519 So.2d 1187 (1988)

Edgar CARLSEN, v. MEHAFFEY & DAIGLE, INC., Herbert M. Gatlin and Firemans Fund Insurance Fund.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 17, 1988.

Writ Denied April 7, 1988.

Attorney(s) appearing for the Case

A. Remy Fransen, Jr., New Orleans, for plaintiff-appellee.

Stephen N. Elliott, Metairie, for defendant-appellant.

Robert M. Johnston, New Orleans, for defendants-appellees.

Before CHEHARDY, GRISBAUM and DUFRESNE, JJ.

DUFRESNE, Judge.

This is a tort action by Edgar Carlsen, plaintiff, for back injuries requiring surgery which he sustained when his automobile was rear ended by a Mercedes-Benz truck owned and operated by Mehaffey & Daigle, Inc. (M & D). Herbert Gatlin, the truck driver, gave the following uncontested version of the accident. He was traveling within the speed limit in the center lane of Airline Highway in Jefferson Parish, with the truck loaded. As he approached...

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