Betty Jean HARGROVE, Individually and as Natural Tutrix of Jessica Banks
v.
MISSOURI PACIFIC RAILROAD COMPANY, d/b/a Union Pacific Railroad Co., Southern Pacific Transportation Company and Tommy Comeaux.
Court of Appeal of Louisiana, Third Circuit.https://leagle.com/images/logo.png
January 10, 2001.
Rehearing Denied March 28, 2001.
Attorney(s) appearing for the Case
Elizabeth Hardy, Robert W. Thomas, Thomas and Hardy, Thomas E. Townsley, Rex D. Townsley, The Townsley Law Firm, Lake Charles, LA, Counsel for Plaintiff/Appellee, Betty Jean Hargrove, Individually and as Natural Tutrix of Jessica Banks.
Sera H. Russell, III, Lafayette, LA, Counsel for Plaintiff/Appellee, Ricky Haley.
Thomas J. Solari, Woodley, Williams, Boudreau, Norman, Brown & Doyle, Lake Charles, LA, Counsel for Plaintiff/Appellee, Ricky Haley and Defendant/Appellee, Progressive Security Insurance Company.
John E. McElligott, Jr., John T. Andrishok, Davidson, Meaux, Sonnier, McElligott & Swift, Lafayette, LA, Counsel for Defendant/Appellant, Missouri Pacific Railroad Company, d/b/a Union Pacific Railroad Co., Southern Pacific Transportation Co., and Tommy Comeaux (Appellee).
L. Paul Foreman, Raggio, Cappel, Chozen & Berniard, Lake Charles, LA, James L. Pate, Laborde & Neuner, Lafayette, LA, Counsel for Defendant/Appellant, St. Paul Fire and Marine Ins. Co.
Robert M. Mahony, Onebane, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, Counsel for Defendant/Appellee, City of Jennings.
John Nickerson Chappuis, Voorhies & Labbe', Lafayette, LA, Counsel for Defendant/Appellee, Burlington Northern and Santa Fe Railway Company.
Lavon D. Raymond, Baton Rouge, LA, Counsel for Intervenor/Appellee, State of Louisiana, Department of Health and Hospitals.
Court composed of Judge THIBODEAUX, Judge SAUNDERS and Judge AMY.
Court of Appeal of Louisiana, Third Circuit.
THIBODEAUX, Judge.
The plaintiffs allege that they were injured as passengers in a rental vehicle driven by the defendant driver. They maintain that the vehicle involved in the automobile/train collision was co-rented as a replacement vehicle by the driver and automobile dealership where the driver had taken his own vehicle to be repaired. The dealership's insurer, a defendant in the suit, denies that the driver was an insured. Acting upon cross-motions for summary...
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