KERTH v. CHANEY

No. 95-CA-0733.

668 So.2d 427 (1996)

Clayton K. KERTH, et al. v. Dwayne CHANEY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 19, 1996.


Attorney(s) appearing for the Case

Anthony L. Glorioso, Metairie, for appellant.

Jeffery P. Lozes, Lozes & Cambre, New Orleans, for appellee.

Before BARRY, ARMSTRONG and WALTZER, JJ.


ARMSTRONG, Judge.

This appeal involves a dispute as to uninsured motorist (UM) insurance coverage. The plaintiff's claim against the UM carrier was dismissed upon an exception of res judicata and a motion for summary judgment. We find that res judicata is not applicable in this case and that genuine issues of material fact preclude summary judgment. Accordingly, we reverse and remand for further proceedings.

Plaintiff Clayton Kerth was driving a car owned...

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