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HARRISON v. SHIPP

No. 98 CA 0021.

724 So.2d 864 (1998)

Sonya HARRISON, Individually and on Behalf of her minor daughter Crystal Harrison, and as heir of her minor Daughter Ashley Harrison v. Darren K. SHIPP, Stepper Transport, Turner J. Landreneau, Elaine S. Landreneau, EBRP Sheriff's Department, and Indemnity Underwriters Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 28, 1998.

Attorney(s) appearing for the Case

Johnnie L. Matthews, Baton Rouge, for Plaintiff/Appellant, Sonja Harrison, Individually and on behalf of her minor daughter Crystal Harrison, and as heir of her minor daughter Ashley Harrison.

James R. Coxe, III, Baton Rouge, for Defendants/Appellees, Darren K. Shipp, Stepper Transport, Turner J. Landreneau, Elaine S. Landreneau, Indemnity Underwriters Insurance Company.

John W. Perry, Jr., Baton Rouge, for Defendants/Appellees, State Farm Mutual Automobile Insurance Company, Susan Clary, James Clary.

Fred Schroeder, Metairie, for Defendant/Appellee, EBRP Sheriff's Department and Sheriff Litchfield.

BEFORE SHORTESS, C.J., CARTER, and WHIPPLE, JJ.

CARTER, J.

This appeal arises out of an automobile accident in which plaintiff's three-year-old daughter was killed. Plaintiff appeals the trial court's grant of a summary judgment which dismissed the East Baton Rouge Parish Sheriff's Office from plaintiff's suit.

FACTS AND PROCEDURAL HISTORY

On October 16, 1992, Susan Mott Clary (Clary) was driving south on Interstate 110 (I-110). It had been raining earlier in the day and the streets were still...

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