STATE FARM MUT. AUTO. INS. CO. v. SIMON

No. 91-CA-1920.

598 So.2d 1255 (1992)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al. v. J. Minos SIMON, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 30, 1992.


Attorney(s) appearing for the Case

Sessions & Fishman, Brent P. Abadie, Raymond P. Ward, New Orleans, for plaintiffs, appellees.

J. Minos Simon, Ltd., J. Minos Simon, Donna K. Brown, Lafayette, for defendant, appellant.

Before SCHOTT, C.J., and BYRNES and ARMSTRONG, JJ.


SCHOTT, Chief Judge.

This is a suit by the owner and subrogated insurer of an automobile for damage done to the automobile by a runaway race horse at the New Orleans Fairgrounds Racetrack. Defendants are the owner and trainer of the horse. The trial court granted plaintiffs' motion for summary judgment and defendants have appealed. The question on appeal is whether these are genuine issues of material fact which preclude summary judgment as a matter of law.

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