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FERGUSON v. PLUMMER'S TOWING & RECOVERY

Nos. 98 CA 2894, 98 CA 2895.

753 So.2d 398 (2000)

Joyce FERGUSON, Individually and on Behalf of Her Minor Child, Sylvia Jade Ferguson v. PLUMMER'S TOWING & RECOVERY INC., Tyrone S. Perry and State Farm Mutual Automobile Insurance Company. Joseph MARS and Craig Ferguson v. Plummer's Towing & Recovery Inc., Tyrone S. Perry and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

February 18, 2000.

Attorney(s) appearing for the Case

John W. Perry, Jr., Daniel J. Balhoff, J. Rodney Messina, Vincent J. DeSalvo, Paul Dué, Baton Rouge, for Plaintiffs-Appellants Joyce Ferguson, individually and on behalf of her minor child, Sylvia Jade Ferguson and Joseph Mars and Craig Ferguson.

William F. Janney, Paul Marks, Jr., Baton Rouge, for Defendant-Appellee State Farm Fire and Casualty Co.

Before: FOIL, WHIPPLE, and GUIDRY, JJ.

GUIDRY, J.

Appellants, Joyce Ferguson, individually and on behalf of her minor child, Sylvia Jade Ferguson, and Joseph Mars and Craig Ferguson, appeal the trial court's grant of summary judgment in favor of appellee, State Farm Fire and Casualty Company (State Farm). We reverse and render.

FACTS AND PROCEDURAL HISTORY

On or about July 27, 1994, Richard Ferguson was fatally injured in an automobile accident when a vehicle driven by Tyrone S. Perry...

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