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THERIOT v. MIDLAND RISK INS. CO.

No. 95-C-2895.

694 So.2d 184 (1997)

Dianna M. THERIOT, Individually and on Behalf of Her Minor Daughter, Gina M. Theriot v. MIDLAND RISK INSURANCE COMPANY, et al

Supreme Court of Louisiana.

May 20, 1997.

Attorney(s) appearing for the Case

Byron Andrew Richie, Charles Vernon Richie, Richie & Richie, Shreveport, for Applicant.

Christopher Paul Ieyoub, Plauche, Smith & Nieset, Clayton Arthur Larsh Davis, James David Cain, Jr., Hunter William Lundy, Lake Charles, for Respondent.

Christopher R. Lawler, Metairie, Bryan Scott Skillman, New Orleans, for amicus curiae Allstate Ins. Co., National Association of Independent Insurance.

Timothy G. Schafer, New Orleans, for amicus curiae United Service Automobile Association.

Cliffe Edward Laborde, III, Lafayette, for amicus curiae Louisiana Association Defense Counsel.

Elizabeth Baker Murrill, Baton Rouge, for amicus curiae Louisiana Trial Lawyers Association.

ON REHEARING

MARCUS, Justice.*

Gina Theriot, a minor, was injured and her vehicle rendered a total loss when her car was struck in the rear by a truck driven by Brian Gaspard. At the time of the collision, Theriot had stopped her car to avoid colliding with a Camaro driven by Harry Thornton, which had spun out of control in the roadway ahead during a heavy rain. Dianna Theriot, mother of Gina Theriot, made a claim individually...

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