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HORN v. LACOSTE

Nos. 2000 CA 0965, 2000 CA 0966.

793 So.2d 319 (2001)

Otmer B. HORN and Sharon Horn v. Lawrence M. LACOSTE, State of Louisiana, Through the Department of Transportation and Development, City of Baton Rouge, Parish of East Baton Rouge and American Casualty Company (Transcontinental Ins. Co.) Transcontinental Insurance Company v. State of Louisiana Through the Department of Transportation and Development and Parish of East Baton Rouge Through the Department of Public Works.

Court of Appeal of Louisiana, First Circuit.

Opinions on Denial of Rehearing August 15, 2001.

Attorney(s) appearing for the Case

Scott Silbert, New Orleans, Terence Gross, Pensacola, FL, for Plaintiffs Otmer and Sharon Horn.

Denise Akers, Baton Rouge, for Plaintiff/Appellant, Transcontinental Ins. Co.

William Crawford, Jr., Baton Rouge, for Defendant/Appellee, State of La., DOTD.

Randall Cashio, Baton Rouge, for Defendant/Appellee, City of Baton Rouge/Parish of East Baton Rouge.

Before: CARTER, C.J., WEIMER, and KLINE, JJ.

CARTER, C.J.

This is an appeal from a judgment granting the defendants' motion for partial summary judgment. The judgment dismissed the plaintiff's legal subrogation claim arising out of payments plaintiff made in settlement of personal injury claims by guest passengers involved in a one-vehicle accident. Plaintiff appeals.

FACTUAL BACKGROUND

On October 9, 1994, Lawrence Lacoste, a Florida resident, was driving a van on Denham Road in East Baton...

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