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ST. PAUL FIRE & MARINE INS. CO. v. SMITH

No. 90-954.

596 So.2d 272 (1992)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. E.R. SMITH, Jr. d/b/a E.R. Smith Electrical Contractor, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted June 5, 1992.

Attorney(s) appearing for the Case

Sutherland, Juge, Horack & Dwyer Brian Miles, Kristi Stroebet, New Orleans, for plaintiff-appellant.

Ronald F. DeFrances, Warren D. Ponder, Baton Rouge, for defendant-appellee Smith.

Woodrow W. Wyatt, and Brian L. Williams, Baton Rouge, for defendant-appellee Wagner.

Before DOMENGEAUX, C.J., and STOKER and YELVERTON, JJ.

STOKER, Judge.

These consolidated suits arise from a vehicular accident. The sole issue before this court on appeal is whether the trial judge erred, under LSA-R.S. 23:1103, in rendering a declaratory judgment holding that the injured plaintiff, Arnold Wayne Wagner, would receive all sums awarded him for his noneconomic damages arising from the accident in preference to payment of reimbursement to Wagner's employer's worker's compensation insurer, St. Paul Fire &...

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