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WOOD v. TUBRE

No. 98 CA 1041.

732 So.2d 838 (1999)

Thomas and Nancy WOOD, Individually and on Behalf of Their Deceased Son, Jonathon Michael Wood and the Estate of Jonathan Michael Wood v. Shane TUBRE, State of Louisiana, Through the Department of Transportation and Development, Kansas City Southern Railway Company, and State Farm Mutual Automobile Insurance Company and Ford Motor Company.

Court of Appeal of Louisiana, First Circuit.

May 14, 1999.

Attorney(s) appearing for the Case

Frank Tomeny, III, Celeste Kronenberger, Baton Rouge, for Plaintiffs—Appellants.

Richard S. Thomas, Baton Rouge, for Defendants—Appellees State Farm Mutual Automobile Ins. Co.

Carey J. Guglielmo, Baton Rouge, for Defendant—Appellee Shane Tubre and State Farm Mutual Automobile Ins. Co.

Stephen R. Wilson, Baton Rouge, for Defendant—Appellee City of Baton Rouge/Parish of E.B.R.

Timothy T. Roniger, New Orleans, for Defendant—Appellee Kansas City Southern Railway Company.

William E. Crawford, Baton Rouge, for Defendant—Appellee State of Louisiana through the DOTD.

Terri M. Collins, Baton Rouge, for Defendant—Appellee Shane Tubre.

Before: LeBLANC, FOGG, and PARRO, JJ.

FOGG, J.

In this personal injury action, the plaintiffs appeal a summary judgment granted in favor of defendant State Farm Mutual Automobile Insurance Company, in its capacities as a liability insurance carrier and as an uninsured/underinsured motorist (UM) insurance carrier, finding it would not owe interest on an excess judgment. For the following reasons, we affirm in part and reverse in part.

On October 23, 1993, a car driven by Shane Tubre collided with...

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