ESTATE OF PATOUT v. CITY OF NEW IBERIA

No. 2001-0151-CA.

791 So.2d 741 (2001)

The ESTATE OF Gaston PATOUT and Roy Patout v. The CITY OF NEW IBERIA, et al.

Court of Appeal of Louisiana, Third Circuit.

June 27, 2001.


Attorney(s) appearing for the Case

Porteus Richard Burke, Burke & Cestia, New Iberia, LA, Counsel for Plaintiffs/Appellants: Squirrel Run Investment Group, The Estate of Gaston Patout, Roy Patout.

C. Berwick Duval, II, Attorney at Law, Houma, LA, Counsel for Defendants/Appellees United Community Insurance Company.

Charles J. Foret, Briney & Foret, Lafayette, LA, Counsel for Defendants/Appellees City of New Iberia.

Ralph Shelton Hubbard, III, Attorney at Law, New Orleans, LA, Counsel for Defendants/Appellees Travelers Indemnity Company, Rhode Island, Travelers Insurance Company.

H. Lee Leonard, Leonard & Leonard, Lafayette, LA, Counsel for Defendants/Appellees Twin City Fire Insurance Co. (Hartford).

James R. Sutterfield, Attorney at Law, New Orleans, LA, Counsel for Defendants/Appellees Insurers Indemnity & Insurance.

Gary Mark Zwain, Duplass, Zwain & Buirgeios, Metairie, LA, Counsel for Defendants/Appellees Continental Insurance Company.

Martin Edward Golden, Kantrow, Spaht, Weaver, et al., Baton Rouge, LA, S. Dwight Stephens, Melito & Adoflsen, PC, New York, NY, Counsel for Defendants/Appellees Twin City Fire Insurance Company.

Samuel Milton Rosamond, III, Attorney at Law, Metairie, LA, Counsel for Defendants/Appellees Commercial Union Insurance Co.

James Michael Garner, Sher, Garner, Cahill, etc., New Orleans, LA, Keith Alex Kornman, Attorney at Law, New Orleans, LA, Martha Curtis, Attorney at Law, New Orleans, LA, Counsel for Defendants/Appellees Century Indemnity Company & PEIC.

Court composed of SYLVIA R. COOKS, BILLIE COLOMBARO WOODARD, and JIMMIE C. PETERS, Judges.


PETERS, Judge.

This litigation began on January 28, 1992, with the filing of a suit by Roy Patout and Rose G. Patout, as the Executrix of the Succession of Gaston Patout, to recover damages to their immovable property in Iberia Parish, Louisiana. Rose G. Patout later joined the litigation in her individual capacity, as did Adrienne Patout Smith, Lloyd David Patout, Thomas Raymond Patout, and Joseph Paul Patout ("the Patouts"). All of the plaintiffs except Roy Patout...

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