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HAYDEL v. HERCULES TRANSPORT, INC.

No. 94 CA 1246.

654 So.2d 418 (1995)

Kathy C. HAYDEL, Individually and on Behalf of The Minor Children, Nikki Richard and Michelle Haydel v. HERCULES TRANSPORT, INC., Liquified Petroleum Gas Insurance Company, LPG Risk Retention Group, The Cropmate Company, and Conagra Fertilizer Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 23, 1995.

Attorney(s) appearing for the Case

Carolyn A. McNabb, Houma, for plaintiff-appellant Kathy C. Haydel, Individually and on behalf of the Minor Children, Nikki Richard and Michelle Haydel.

Steven B. Rabalais, Lafayette, for defendant-appellee Hercules Transport, Inc.

Joseph Reilly, Houma, for defendant-appellee Tri-State Delta Chemicals, Inc. d/b/a Cropmate Co.

Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment in an action for damages.

FACTS

On October 18, 1990, Ronald Day, an employee of Hercules Transport, Inc., was attempting to offload his tanker truck containing anhydrous ammonia at Cropmate Company, an anhydrous ammonia storage facility in Shriever, Louisiana. His attempt was unsuccessful, however, because the pump on the tank truck malfunctioned. Day contacted the dispatcher at...

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