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SMITH v. BERTEAU

No. 98 CA 1438.

739 So.2d 269 (1999)

Leander SMITH v. Dean BERTEAU, et al.

Court of Appeal of Louisiana, First Circuit.

June 25, 1999.

Attorney(s) appearing for the Case

Michael C. Palmintier, Baton Rouge, for Plaintiff/Appellant, Leander Smith.

John W. Perry, Jr., Baton Rouge, for Intervenor/Appellant, Commercial Union Insurance Co.

Stephen M. Joffrion, Gonzales, for Defendant/ Appellee, Dean Berteau.

H. Evans Scobee, Baton Rouge, for Defendant/ Appellee, Empire Insurance Co.

Before: CARTER, C.J., SHORTESS, and WHIPPLE, JJ.

CARTER, C.J.

The issue on appeal in this personal injury suit is whether or not the trial court erred in granting summary judgment in favor of the general liability insurer of plaintiff's employer.

FACTS

On January 25, 1985, plaintiff, Leander Smith, was injured at his place of employment when a coemployee, Dean Berteau, accidentally shot him. The bullet struck Smith in the elbow, and he also sustained...

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