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VAUGHN v. FRANKLIN

No. 2000 CA 0291.

785 So.2d 79 (2001)

Janice A. VAUGHN, Individually and as Natural Tutrix of the Minor Child, Brian Gerald Vaughn v. Dirk FRANKLIN, White Castle Fertilizer Cooperative, Iris Callegan, Hernandez Farms, Inc., Royal J. Spragio, Jr., Susan Spragio Brewer, Dusty Spragio Benfield, and Gwen Spragio Williamson

Court of Appeal of Louisiana, First Circuit.

Opinion on Denial of Rehearing May 1, 2001.

Attorney(s) appearing for the Case

W. Shelby McKenzie, Brandon K. Black, Baton Rouge, for Appellee, Louisiana Farm Bureau Cas. Ins. Co.

Kenneth H. Laborde, Leo R. McAloon, III, New Orleans, for Appellant, St. Paul Insurance Company.

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

CARTER, C.J.

Janice A. Vaughn (plaintiff) filed suit on behalf of her minor son, Brian, alleging he became ill after being sprayed with liquid agricultural chemicals while playing in his grandparents' back yard in White Castle. She alleged the chemicals were aerially applied by pilot Dirk Franklin to sugar cane fields farmed by Iris Callegan and Hernandez Farms, Inc. (Hernandez) that were situated adjacent to the grandparents' property. She further alleged this application...

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