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AETNA CAS. AND SUR. CO. v. SMITH

No. 88-717.

552 So.2d 708 (1989)

AETNA CASUALTY AND SURETY COMPANY, T.W. Alley, Sr., T.W. Alley, Jr., and Jeston Alley d/b/a Cane Plaza Apartments, Plaintiffs-Appellants, v. Ava Marie SMITH, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

November 8, 1989.

Attorney(s) appearing for the Case

Michael S. O'Brien, Lafayette, for plaintiffs-appellants.

Gahagan & Gahagan, Fred S. Gahagan, Natchitoches, for defendant-appellee.

Before DOMENGEAUX, GUIDRY and FORET, JJ.

DOMENGEAUX, Judge.

Aetna Casualty and Surety Company and its insureds filed this subrogation suit against Ava Marie Smith seeking to recover $31,654.15 paid to its insureds as a result of a fire allegedly caused by the negligence of Smith. The insureds, the owners of Cane Plaza Apartments, joined as plaintiffs seeking recovery of a $1,000.00 deductible.

Pursuant to a written lease, Smith rented an apartment from Cane Plaza Apartments. The leased apartment...

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