BUTZ v. LYNCH

Nos. 99 CA 1070, 99 CA 1071.

762 So.2d 1214 (2000)

Angela H. BUTZ and Russell Butz v. James P. LYNCH, the Estate of Patrick O. Lynch, State Farm Mutual Automobile Insurance Co., and State Farm Fire and Casualty Company. Francis R. White, III, on Behalf of His Son, Francis Randall White, IV v. State Farm Automobile Mutual Insurance Company, State Farm Fire and Casualty Co., James P. Lynch, and the Estate of Patrick O. Lynch.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 22, 2000.


Attorney(s) appearing for the Case

Paul L. Katz, Covington, Charles A. Verderame, Metairie, for Appellants Plaintiffs Angela H. Butz and Russell Butz.

Donald R. Abaunza, Kathleen F. Hobson, New Orleans, for Appellees Defendants.

BEFORE: FOIL, WHIPPLE and GUIDRY, JJ.


FOIL, Judge.

The only issue in this appeal is whether the intentional inhalation of the contents of a can of air brush propellant to produce an intoxicating effect while operating a motor vehicle is a "reasonably anticipated use" of that product by an "ordinary person." The trial court ruled as a matter of law that this conduct did not constitute a reasonably anticipated use of the product. We affirm.

BACKGROUND

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