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CAPLES v. USAA INS. CO.

No. 2000 CA 2513.

806 So.2d 148 (2001)

Gwendolyn CAPLES v. USAA INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, First Circuit.

December 28, 2001.

Attorney(s) appearing for the Case

Mary Grace Knapp, Mandeville, Albert Bensabat, III, Hammond, for Appellant Plaintiff Gwendolyn Caples.

Timothy Schafer, New Orleans, for Appellees Defendants Merrill O. Hines and USAA Insurance Co.

Before: FOIL, PETTIGREW and KLINE, JJ.

FOIL, Judge.

This appeal challenges the dismissal of a lawsuit for damages arising out of the fall of a large oak tree. We affirm.

BACKGROUND

On October 26, 1996, Gwendolyn Caples was driving a pick-up truck on West Thomas Street in Hammond, Louisiana, when a large tree fell onto her truck. Her truck was damaged in the fall, and Mrs. Caples sustained injuries. Mrs. Caples and her husband filed this lawsuit seeking damages against Dr. Merrill O. Hines...

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