PORCHE v. CONTINENTAL INS. CO.

No. 95-C-0840.

655 So.2d 788 (1995)

Gwendolyn Thomas, Wife of/and Charles PORCHE v. CONTINENTAL INSURANCE COMPANY, Petron, Inc., and Samuel Becknel.

Court of Appeal of Louisiana, Fourth Circuit.

May 16, 1995.


Attorney(s) appearing for the Case

Joseph Guy Romano, Metairie, and Lee A. Archer, New Orleans, for relators.

George Henry Troxell, III, New Orleans, for respondents.

Before BYRNES, PLOTKIN and JONES, JJ.


BYRNES, Judge.

The question in this case is whether as a matter of law partial summary judgment may be granted on the question of exemplary damages for injuries relating to hazardous or toxic substances pursuant to LSA-C.C. art. 2315.3. The answer is no.

Plaintiffs/respondents were injured when an 18-wheel gasoline tank truck owned by defendant Petron, Inc., driven by defendant Samuel Becknel, and insured by defendant...

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