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DUZON v. STALLWORTH

No. 2001 CA 1187.

866 So.2d 837 (2002)

Salvador R. DUZON, Carolyn R. Duzon, on behalf of the Community of Acquets and Gains, Individually and on behalf of the Minor Children, Salvador Duzon, Jr. and John R. Duzon, and Tomas Paral, Personal Representative of the Estate of Andy S. Paral v. Thomas L. STALLWORTH, Queen Bee Transport, Inc., Venture Transports, Inc., Reliance National Indemnity, Cal-Dive International, Inc., and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Order Denying Rehearing January 29, 2003.

Writ Denied May 2, 2003.

Attorney(s) appearing for the Case

Richard J. Dodson, Kenneth H. Hooks, III, Baton Rouge, Jerald P. Block, Thibodaux, Counsel for Plaintiffs/Appellees Salvador R. Duzon, Carolyn R. Duzon, on behalf of the Community of Acquets and Gains, Individually and on Behalf of the Minor Children, Salvador Duzon, Jr. and Joseph R. Duzon.

Michael A. Colomb, W. Steven Mannear, Baton Rouge, Counsel for Defendant/Appellee Tomas Paral, Personal Representative of the Estate of Andy S. Paral.

T. Patrick Bayham, Steven K. Best, Metairie, Counsel for Defendant/First Appellant Cal Dive International, Inc.

S. Daniel Meeks, John B. Esnard, III, Metairie, L. Charles Caillouet, Thibodaux, Christopher J. Aubert, Covington, Counsel for Defendants/Second Appellants, Thomas L. Stallworth, Queen Bee Transport, Inc., Venture Transport, Inc., and Reliance National Indemnity Co.

Thomas P. Anzelmo, Sr., Metairie, Counsel for Defendant/Appellee Wal-Mart Stores, Inc.

Before: WHIPPLE, DOWNING and PATTERSON, JJ.

DOWNING, J.

This litigation arises out of a December 18, 1998 accident wherein two crewmembers serving aboard a ship docked in Fourchon, Louisiana, were returning to the vessel on a bicycle when an eighteen-wheeler truck hit them from behind. One of the crewmen died; the other suffered serious permanent injuries. After a trial on the merits, the jury returned a verdict in favor of the surviving crewmember and in favor of the parents of the deceased crewmember, and...

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