GRESHAM v. DAVENPORT

No. 88-C-1350.

537 So.2d 1144 (1989)

Buck GRESHAM and Lonnae Gresham, individually and as Administrators of the Estate of Their Minor Son, Jeffery Gresham, and Sandra L. Hardwick, Individually and as Administrator of the Estate of her Minor Son, Alton Hardwick, Jr. v. Thomas DAVENPORT, Jr., Commercial Union Insurance Company, Brian Williams, Sharon C. Brewer and American Hardware Mutual Insurance Company.

Supreme Court of Louisiana.

January 30, 1989.


Attorney(s) appearing for the Case

Charles A. Boggs, Robert I. Boudouin, Boggs, Loehn & Rodrigue, New Orleans, Phillip D. Myers, Ronald L. Davis, Jr., Theus, Grisham, Davis & Leigh, Monroe, for applicants.

Paul D. Wilkins, Columbia, Thomas Davenport, Davenport, Files & Kelly, Monroe, Harry D. Simmons, Bodenheimer, Jones, Klotz & Simmons, Shreveport, Thomas Hayes, III, Robert Baldwin, Hudson, Potts & Bernstein, Monroe, for respondents.


MARCUS, Justice.

Thomas Davenport planned to be out of town with the members of his law firm on a business retreat the weekend of October 29, 1983. Davenport's fifteen-year-old daughter, Molly, informed her father that she had made arrangements to stay with her friend, a neighbor of the Davenports. Molly had been living with her father since 1982 even though her mother retained legal custody. On this particular weekend, Molly had not made the arrangements to stay...

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