SHIPLEY v. SHIPLEY

No. 30283-CA.

709 So.2d 901 (1998)

J.R. SHIPLEY, Plaintiff-Appellee, v. Betty SHIPLEY and Economy Fire & Casualty Insurance Company, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

February 25, 1998.


Attorney(s) appearing for the Case

Watson, Murchison, Crews, Arthur and Corken by Steven D. Crews, Natchitoches, for Defendants-Appellants.

Michael E. Kramer, Winnsboro, for Plaintiff-Appellee.

Before MARVIN, C.J., and NORRIS and HIGHTOWER, JJ.


MARVIN, Chief Judge.

In this action a homeowner, Betty Shipley, and her insurer, appeal a judgment finding Mrs. Shipley 50 percent at fault and awarding monetary damages to Mr. Shipley, who lived separate and apart from Mrs. Shipley but was overseeing the trimming of tree limbs in her yard when he fell from a tree and broke his foot.

The issue is whether, under the factual circumstances, Mrs. Shipley breached any legal duty to her husband by telling him to...

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