SMITH v. ESTRADE

No. 91-CA-218.

589 So.2d 1158 (1991)

Sharon A. SMITH, Individually and/or on Behalf of Her Minor Child, Melissa Ann Estrade v. Gerald P. ESTRADE.

Court of Appeal of Louisiana, Fifth Circuit.

November 13, 1991.


Attorney(s) appearing for the Case

Nick R. Noriea, Jr., New Orleans, for plaintiff/appellant.

Fred M. Trowbridge, Jr., James D. McMichael, New Orleans, for defendant/appellee.

Before DUFRESNE and GOTHARD, JJ., and FINK, J. Pro Tem.


ELORA C. FINK, Judge Pro Tem.

Plaintiff, Sharon Smith, appeals a summary judgment granted to defendant State Farm Mutual Automobile Insurance Company (State Farm) in Smith's wrongful-death/survivor's action for the violent death of her minor child, Melissa Estrade. Melissa died at the hands of her father and custodial parent, Gerald Estrade, while riding in a vehicle driven by him. We affirm the summary judgment, for the reasons that follow.

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