LENARD v. DILLEY

No. 34,588-CW.

784 So.2d 706 (2001)

Justin Brian LENARD, Individually and on Behalf of the Succession of Natalie Diane Lenard and SBL, Plaintiff-Applicant, v. Erwin DILLEY, Metro Ambulance Service & National Union Fire Insurance of Pittsburgh, Pennsylvania, Defendants-Respondents.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 3, 2001.


Attorney(s) appearing for the Case

Weeks, Kavanaugh & Rendeiro by Gino J. Rendeiro, New Orleans, Counsel for Applicant.

Hayes, Harkey, Smith & Cascio by Thomas M. Hayes, III, and Karen L. Hayes, Monroe, Counsel for Respondents.

Before WILLIAMS, CARAWAY and KOSTELKA, JJ.


CARAWAY, J.

Plaintiff was granted supervisory review in this case after the trial court announced a proposed jury instruction regarding the standard of care applicable to the actions of an emergency vehicle driver, whose ambulance was struck from the rear while parked partially in a lane of an interstate highway. The proposed instruction, like the applicable statute, La. R.S. 32:24(D), lists the standard both in terms of ordinary negligence and gross negligence. Finding...

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