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ORGERON ON BEHALF OF ORGERON v. McDONALD

No. 93-C-1353.

639 So.2d 224 (1994)

Ragan ORGERON, Individually and on Behalf of Her Minor Child, Jordan Robert Orgeron v. Joseph McDONALD, et al.

Supreme Court of Louisiana.

July 5, 1994.

Attorney(s) appearing for the Case

J. Thomas Anderson, Mark W. Smith, Robein, Urann & Lurye, Metairie, L.G. LaPlante, Jr., LaPlante & Martin, Cutoff, for applicant.

Edwin C. Laizer, Joel L. Borrello, E. Gregg Barrios, Adams & Reese, Vincent W. Farrington, Jr., Cornelius, Sartin & Murphy, New Orleans, for respondents.

LEMMON, Justice.*

This tort action arises out of a two-vehicle accident which caused the death of plaintiffs' husband and father, Peter Orgeron. Joseph McDonald, an employee of Energy Catering Services (ECS) who was the driver of the second vehicle, was solely at fault in causing the accident. The issue presented is whether McDonald was within the course and scope of his employment with ECS at the time of the accident when he was driving...

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