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TUCKER v. AMERICAN STATES INS.

Nos. 31,970-CW, 31,971-CW.

747 So.2d 620 (1999)

Austin TUCKER & Beverly Tucker, Plaintiffs-Respondents, v. AMERICAN STATES INSURANCE (A Part of Lincoln National Corp.), American National Property and Casualty Co. and the Unopened Succession of Ora Mae Bland, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

September 22, 1999.

Attorney(s) appearing for the Case

Hicks & Hubley by S. Maurice Hicks, Shreveport, Counsel for Defendant-Applicant, American National Property & Casualty Co.

Cook, Yancey, King & Galloway by Brian A. Homza, Shreveport, for Defendant-Applicant, American Central Insurance Co.

Lunn, Irion, Johnson, Salley & Carlisle by James A. Mijalis, Penny N. Nowell, Shreveport, Counsel for Defendant, United Fire & Casualty.

Jack M. Bailey, Jr., Shreveport, Counsel for Plaintiffs-Respondents.

Before BROWN, PEATROSS and DREW, JJ.

DREW, J.

In this matter remanded from the supreme court, the issue is whether a legal duty existed and/or was breached by the landowner who involved himself in the limb cutting operation during which plaintiff was injured. For the following reasons, we find that the trial court erred in denying the motions for summary judgment filed by the insurance companies. The judgment is reversed.

FACTUAL AND PROCEDURAL BACKGROUND

On June 6, 1994, Austin...

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