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MYLES v. TURNER

No. 24198-CA.

632 So.2d 384 (1994)

Samuel MYLES, Plaintiff-Appellant, v. Robbie N. TURNER and Automotive Casualty Insurance Company, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 19, 1994.

Attorney(s) appearing for the Case

Bruscato, Loomis & Street, Monroe by Anthony J. Bruscato, for plaintiff-appellant.

Hudson, Potts & Bernstein, Monroe by Brian D. Bowes, for defendant-appellee.

Before MARVIN, C.J., and SEXTON, NORRIS, LINDSAY and WILLIAMS, JJ.

MARVIN, Chief Judge.

A five-judge panel was created in this appeal when one judge of the original three-judge panel dissented to a proposed reversal of the trial court's judgment that rejected plaintiff's demands in this personal injury action. LSA-Const. Art. 5, § 8.

On reargument, we affirm the judgment.

The action was brought by Samuel Myles, who was either an "incapacitated person" or a "pedestrian" under La.R.S. 32:214. He alleged that the...

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