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TANO AUTOMATION, INC. v. WEST COAST LIQUIDATORS, INC.

No. 99-CA-2825.

764 So.2d 123 (2000)

TANO AUTOMATION, INC., and Travelers Indemnity Company v. WEST COAST LIQUIDATORS, INC., MacFrugal's Bargains Close-Outs, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 17, 2000.

Attorney(s) appearing for the Case

Paul M. Sterbcow, Lewis, Kullman & Sterbcow, New Orleans, Louisiana, and R. Rogge Dunn, Matthews, Carlton, Stein, Shiels Pearce, Dunn & Knott, Dallas, Texas, (Attorneys for Plaintiffs/Appellants, Tano Automation, Inc. and Travelers Indemnity Company).

Kevin C. Schoenberger, Kevin C. Schoenberger, APLC, New Orleans, Louisiana, (Attorney for Defendant/Appellee, West Coast Liquidators, Inc.)

(Court composed of Judge MOON LANDRIEU, Judge PATRICIA RIVET MURRAY and Judge JAMES F. McKAY, III).

MURRAY, Judge.

Plaintiffs in this civil action appeal the trial court's grant of a motion for partial summary judgment, dismissing an insurer's subrogation claim for damages resulting from ordinary negligence. We vacate the judgment for the reasons that follow, and remand for further proceedings.

FACTUAL ALLEGATIONS and PROCEEDINGS BELOW

TANO Automation, Inc. (TANO) and its insurer, Travelers Indemnity Company (Travelers), filed this timely suit...

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