USE v. USE

No. 94 CA 0972.

654 So.2d 1355 (1995)

Jules USÉ v. Paul USÉ, State Farm Mutual Insurance Company, and Shell Oil Company, Inc.

Court of Appeal of Louisiana, First Circuit.

As Corrected on Limited Grant of Rehearing June 6, 1995.

Rehearing Denied June 21, 1995.


Attorney(s) appearing for the Case

David B. Allen, Houma, for plaintiff-appellee Jules Usé.

David J. Norman, Houma, for plaintiff-appellant Todd Usé.

Joseph L. Waitz, Houma, for plaintiff-appellant Paul Usé.

William Brockman, New Orleans, for defendant-appellant Shell Oil Co.

Leon A. Crist, Metairie, for defendants-appellees H-Bar-H, Wylie Resources, and Boston Old Colony Ins.

Lloyd T. Bourgeois, Labadieville, for defendants-appellees Paul Usé and State Farm.

Alfred J. Gould, New Orleans, for defendant-appellee Union Texas Petroleum.

Salvadore J. Pusateri, New Orleans, for defendant-appellee Halliburton Co.

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


SHORTESS, Judge.

This appeal arises out of a boating accident which occurred during a late night frogging trip. Todd R. Usé, Paul Usé, Jules Usé and Chris J. Lirette (plaintiffs) were frogging about 1:00 a.m., August 12, 1990, in a fifteen-foot aluminum boat when they struck the piling of an abandoned oil well. The boat took on water from the rear and sank. Plaintiffs fell into the water, then climbed onto the tops of the pilings where they spent the...

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