VARACALLE v. TURNER

No. 88 CA 1675.

556 So.2d 836 (1989)

Dominic and Winifred VARACALLE v. Edward L. TURNER, Rodney K. Brady, State Farm Mutual Automobile Insurance Co. and Metropolitan Property and Liability Insurance Company.

Court of Appeals of Louisiana, First Circuit.

Rehearing Denied February 15, 1990.


Attorney(s) appearing for the Case

Samuel R. Exnicios, Craig S. Sossaman, New Orleans, for plaintiffs-appellants.

G. Brice Jones, Slidell, Joseph Martin, Jan Jumonville, New Orleans, for defendant-appellee.

Wendy Newlin, New Orleans, for defendant-appellee Metropolitan Property & Liability Ins. Co.

Before COVINGTON, C.J., and WATKINS and SHORTESS, JJ.


WATKINS, Judge.

Resolution of this tort case before us on appeal hinges on the proper interpretation of an oral contract between two of the original defendants. Following a jury trial, judgment was rendered in favor of plaintiffs and against their uninsured motorist (UM) carrier; however, plaintiffs' claims against the liability insurance carrier for the other vehicle were dismissed.

Because of error which contributed to the jury's decision on the contract...

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