SHEPHARD EX REL. SHEPHARD v. SCHEELER

Nos. 98-CA-1035, 98-CA-1036, 98-CA-1037, 98-CA-1038.

731 So.2d 302 (1998)

Mr. and MRS. Michael SHEPHARD On Behalf of Their Deceased Minor Child Matthew E. SHEPHARD v. Alfred L. SCHEELER, et al. Wallace Couture and Roland Rossignol v. Alfred L. Scheeler, Sharyn Scheeler, Department of Transportation and Development, Champion Insurance Company and Allstate Insurance Company, ABC Insurance Company. Sharyn Scheeler, Appearing Herein Individually and as Administratrix of the Estate of Her Minor Son, Alfred Scheeler v. Wallace C. Couture, Sr., St. Bernard Parish Police Jury, Department of Transportation and Development, St. Bernard Water and Sewerage District, Champion Insurance Company and DEF Insurance Co.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing in Part February 10, 1999.


Attorney(s) appearing for the Case

Richard A. Tonry, Michael C. Ginart, Jr., Kim C. Jones, Law Office Of Tonry & Ginart, Chalmette, for Appellees Alfred L. Scheeler, et al.

Sidney D. Torres, III, Gregory J. Noto, Law Offices of Sidney D. Torres, III, Chalmette, for Plaintiffs-Appellees.

Tobin J. Eason, Meredith M. Miceli, Weiss & Eason, L.L.P., New Orleans, for Defendant-Appellant St. Bernard Parish Police Jury.

Before ARMSTRONG, JONES and WALTZER, JJ.


WALTZER, Judge.

STATEMENT OF THE CASE

On 6 July 1987, Alfred Scheeler lost control of his truck after hitting a puddle of water on Louisiana Highway 39 in St. Bernard Parish (Parish). The truck, carrying three young boys, struck a stopped Parish garbage truck driven by Wallace Couture and occupied by Roland Rossignol and Henry J. Rogers, all of whom were employed by the Parish. Five suits were filed, and, following...

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