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MARIEN v. GENERAL INS. CO. OF AMERICA

No. 02-545.

836 So.2d 239 (2002)

John MARIEN and Marilyn Marien, Individually and on behalf of Joshua Paul Marien, Justin André Marien, and Jacob Charles Marien, v. GENERAL INSURANCE COMPANY OF AMERICA, Barham Bros., Inc. and Robert L. Adams.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 15, 2003.

Attorney(s) appearing for the Case

Roy S. Halcomb, Jr., Alexandria, LA, Attorney for the Plaintiffs/Appellees John and Marilyn Marien.

Vance E. Ellefson, New Orleans, LA, Attorney for the Defendants/Appellants Barham Brothers, Inc. and General Insurance Company of America.

John Hoychick, Jr., Rayville, LA, Attorney for the Defendant/Appellee Robert L. Adams.

Jeffery A. Riggs, Alexandria, LA, Attorney for the Third Party Defendant/Appellee Earl Cherry.

Court composed of NED E. DOUCET, Jr., Chief Judge, MICHAEL G. SULLIVAN and GLENN B. GREMILLION, Judges.

DOUCET, Judge.

This appeal arises out of a plane crash near Alexandria, Louisiana.

The trial court correctly summarized the underlying facts as follows:

John Marien, the plaintiff, was seriously injured in a plane crash that occurred near Alexandria, Louisiana on November 24, 1997. The plaintiff works for the Federal Bureau of Prisons as a landscape foreman. He is also a farmer and pilot who was attempting to fly his own plane to spray his fields...

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