SMITH v. LYNN

No. 32,093-CA.

749 So.2d 692 (1999)

Roryann SMITH, et al., Plaintiffs-Appellees, v. Jerry C. LYNN, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Opinion Granting Rehearing in part and Denying Rehearing in part September 16, 1999.

Concurring Opinion on Rehearing September 16, 1999.


Attorney(s) appearing for the Case

McKeithen & Johnson, by Ginger W. Johnson, Shreveport, Counsel for Appellant, Jerry C. Lynn.

Zelda W. Tucker, Shreveport, Counsel for Appellants, Jerry Lynn and Allstate Ins. Co.

Abrams & Lafargue, by Reginald W. Abrams, Wilbert D. Pryor, Shreveport, Counsel for Appellant, Allstate Ins. Co. as the Uninsured Motorist Carrier of Roy A. Morris.

Joseph A. Gregorio, Bossier City, Counsel for Appellee, Roryann Smith.

Before NORRIS, C.J., and WILLIAMS and STEWART, JJ.


STEWART, J.

The defendant in this tort action, Allstate Insurance Company (Allstate), appeals a partial summary judgment in favor of the plaintiff, Roryann Smith, et al, as to the liability of defendant Jerry Lynn. We reverse.

FACTS

At about 1:30 a.m. on April 12, 1998, Jerry Lynn ("Lynn") was driving his van eastbound on U.S. Highway 80 approaching Hamilton Road in Bossier City, Louisiana. At the same time, Jennifer Morris ("Morris") was driving...

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