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RODRIGUEZ v. LOUISIANA TANK, INC.

No. 94 CA 0200.

657 So.2d 1363 (1995)

Cheryl D. RODRIGUEZ, Individually, and as Natural Tutrix of the Minor Children, Daniel Joseph Rodriguez, Jr. and Pamela Rodriguez; Jeanne Gierlinski Williams, as Natural Tutrix of the Minor Children, Kreshelle Lynn Rodriguez; Danielle Joann Rodriguez; Angelle Monique Rodriguez; and Amber Lynn Myers v. LOUISIANA TANK, INC., Raymond L. Guidry, James L. Arceneaux, and Shelter Mutual Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 17, 1995.

Attorney(s) appearing for the Case

Joseph Waitz, Houma, for plaintiffs-appellants Cheryl D. Rodriguez, et al.

Amos Davis, Baton Rouge, for defendant-appellee Shelter Mut. Ins. Co.

H. Lee Leonard, Lafayette, for defendants James Arceneaux and Planet Ins. Co.

Toxie L. Bush, Abbeville, for defendant Raymond Guidry, Sr.

Marsha Hopper, Metairie, for defendant Louisiana Tank, Inc.

Before EDWARDS, Judge Pro Tem., and LEBLANC and PITCHER, JJ.

PITCHER, J.

Plaintiffs2 appeal from the judgment of the trial court granting defendants' motion for summary judgment and sustaining defendants' exception pleading the objection of res judicata. We reverse and remand.

PROCEDURAL HISTORY

On March 31, 1991, Daniel Rodriguez was killed in an automobile accident in which his motor vehicle collided with a truck driven by James L. Arceneaux (Arceneaux). At the time of...

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