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HORTON v. McCARY

No. 93-C-2315.

635 So.2d 199 (1994)

Charles Edward HORTON, Linda J. Horton and Timothy S. Horton v. Carl C. McCARY, Allied Systems, Ltd., Auto Convoy, Inc., Phoenix Enterprises, Inc., Liberty Mutual Insurance Company, Aetna Life and Casualty Insurance Company, Insurance Company of North America and Succession of Robert Clark.

Supreme Court of Louisiana.

Rehearings Denied May 12, 1994.

Attorney(s) appearing for the Case

John J. Weigel, Madeleine Fischer, Deborah A. Van Meter, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for applicant.

Dee A.U. Hawthorne, Joseph P. Williams, Kenneth D. McCoy, Jr., McCoy & Hawthorne, Jack O. Brittain, Brittain & Sylvester, Natchitoches, Caldwell Roberts, Walter Hunter, Mayer, Smith & Roberts, Shreveport, for respondent.

Nancy J. Marshall, William E. Wright, Jr., Karyn Joy Holak, Deutsh, Kerrigan & Stiles, New Orleans, Gordon E. Rountree, Rountree, Cox, Guin & Achee, Shreveport, for amicus curiae Home Ins. Co., Walter O. Hunter, Jr., Mayer, Smith & Roberts.

WATSON, Justice.1

The primary issue in this case is whether the trial judge abused his discretion in awarding a default liability judgment against defendants, truck driver Carl C. McCary, his employers and their insurer.

FACTS

On December 22, 1988, Charles Edward Horton, father; Linda J. Horton, mother; and Timothy S. Horton, son, were driving south from Shreveport, Louisiana, on La. Highway 1. After passing Armistead...

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