MAHAFFEY v. STATE FARM MUT. AUTO. INS. CO.

No. 95-641.

679 So.2d 129 (1996)

Frank MAHAFFEY, Plaintiff-Appellant-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendant-Appellee-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 30, 1996.

Writ Denied October 11, 1996.


Attorney(s) appearing for the Case

Steven William Hale, Lake Charles, for Frank Mahaffey.

Robert Samuel Dampf, Lake Charles, for State Farm Mutual Insurance Company, et al.

Byron Andrew Richie, Charles Vernon Richie, Shreveport, for Midland Risk Insurance Company.

Before KNOLL, THIBODEAUX, COOKS, SAUNDERS and WOODARD, JJ.


SAUNDERS, Judge.

FACTS

On November 12, 1992, Charles Carr was self-employed as the sole proprietor of his business, National Amusements. The company operates video poker machines, pool tables, juke boxes and cigarette vending machines. Mr. Carr employed Buddy Dale Fuselier as a service technician. As part of his compensation package, Mr. Carr furnished Buddy Dale Fuselier with a vehicle for his business and personal use. Mr. Fuselier's working hours...

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