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BOYTE v. WARD NORTH AMERICAN INS. CO.

No. 35,929-CA.

818 So.2d 293 (2002)

William E. BOYTE, Jr., Tonia Boyte, Individually and On Behalf of their Minor Children, Rachael Boyte and Ethan Boyte, Plaintiffs-Appellants, v. WARD NORTH AMERICAN INSURANCE COMPANY and Todd Brakefield, Defendants-Appellees, American International Underwriter Insurance Company, Intervenor-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 8, 2002.

Attorney(s) appearing for the Case

Travis M. Holley, Bastrop, for Plaintiffs-Appellants.

Jeansonne & Remondet By: Robert P. Harper, John A. Jeansonne, Jr., Michael J. Remondet, Jr., Lafayette, for TIG Insurance Company.

Theus, Grisham, Davis & Leigh By: Philip D. Myers, Monroe, for American International Underwriters Insurance Company.

Adams and Reese By: Robert N. Markle, Michael N. Mire, Mark J. Spansel, New Orleans, for Todd Brakefield and Fire & Casualty Insurance Co. of Connecticut.

Before NORRIS, CARAWAY and PEATROSS, JJ.

CARAWAY, J.

The plaintiff/employee in this case was severely injured in an automobile accident while returning from work on a job in Mississippi. The accident occurred when the defendant/employee fell asleep while driving a company truck. The employer routinely deployed the employees to the jobsites of customers to service equipment that experienced mechanical problems. The trial court dismissed the plaintiff/employee's tort claim against the fellow employee and the...

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