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STATE FARM INS. v. MIDLAND RISK INS. CO.

No. 96 CA 1281.

697 So.2d 293 (1997)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. MIDLAND RISK INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

June 20, 1997.

Attorney(s) appearing for the Case

Mary E. Escousse, Baton Rouge, for Appellee Plaintiff State Farm Mutual Automobile Insurance Co.

Bryon Richie, Shreveport, for Appellant Defendant Midland Risk Insurance Co.

Before LOTTINGER, C.J., and FOIL, FOGG, FITZSIMMONS and CHIASSON, JJ.

FOIL, Judge.

The only issue presented by this appeal is whether sales tax constitutes an element of market value when measuring damages for the value of a vehicle rendered a total loss in an automobile accident. We find that it does not, and reverse the judgment of the trial court holding otherwise.

FACTS

On June 12, 1995, Peter Clemente was involved in a car accident with Iserdoil Abram. Clemente was insured by plaintiff,

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