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WIMBERLY v. McCOY TREE SURGERY CO.

No. 33,761-CA.

766 So.2d 729 (2000)

Margie K. WIMBERLY, Plaintiff-Appellant, v. McCOY TREE SURGERY CO., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 25, 2000.

Attorney(s) appearing for the Case

James E. Franklin, Jr., Shreveport, Counsel for Appellant.

Mayer, Smith & Roberts, L.L.P. by Ben Marshall, Jr., Shreveport, Counsel for Appellees.

Ungarino & Eckert, L.L.C., Metairie, Counsel for Defendants/Appellees, American Deposit Insurance Company and Rebecca Shepard.

Before GASKINS, PEATROSS and KOSTELKA, JJ.

PEATROSS, J.

In this tort suit, Plaintiff, Margie K. Wimberly, appeals the amount of damages awarded to her, the assessment of liability among the Defendants and the denial of underinsured motorist ("UM") coverage. For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL HISTORY

On November 12, 1997, at approximately 10:30 a.m., Ms. Wimberly was riding as a passenger in a vehicle owned and operated by her daughter, Defendant Rebecca...

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