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KELLY v. LEE'S OLD FASHIONED HAMBURGERS, INC.

No. 89-3133.

896 F.2d 923 (1990)

Wendolyn A. KELLY, Plaintiff-Appellant, v. LEE'S OLD FASHIONED HAMBURGERS, INC. (LEE'S OLD FASHIONED HAMBURGERS OF NEW ORLEANS, INC.), Defendant, State Farm Fire & Casualty Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 16, 1990.

Opinion on Rehearing and Rehearing April 23, 1990.

Attorney(s) appearing for the Case

Wendolyn Kelly Long, Grand Isle, La., pro se.

Michael J. Navitsky, Garner, Munoz & Navitsky, New Orleans, La., intervenor.

James L. Harmon, Joseph R. Ward., Jr., Ward & Clesi, New Orleans, La., for defendant-appellee.

Before GARZA, WILLIAMS and DAVIS, Circuit Judges.

Opinion on Rehearing and Rehearing En Banc April 23, 1990.

W. EUGENE DAVIS, Circuit Judge:

Wendolyn Kelly appeals a summary judgment in favor of State Farm Fire & Casualty, the insurer of Lee's Old Fashioned Hamburgers, Inc., primary defendant in her personal injury suit. We affirm.

I.

Wendolyn Kelly was injured when an automobile driven by Douglas Chetta struck her. Chetta, an employee of Lee's Old Fashioned Hamburgers, was allegedly...

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