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WILTHEIS v. PENNINGTON

Nos. 35,872-CA, 35,873-CA.

813 So.2d 1209 (2002)

Thomas D. WILTHEIS, et al., Plaintiffs-Appellees, v. Mark PENNINGTON, et al., Defendants-Appellants. Keith E. McClung, et al., Plaintiffs, v. Mark Pennington, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 3, 2002.

Attorney(s) appearing for the Case

Tutt & Bordelon, by Charles G. Tutt, Thomas A. Bordelon, Jennifer P. McKay, Counsel for Appellants, Mark Pennington and General Agents Insurance Company.

Joseph A. Gregorio, Johnson, Johnson, & Johnson, by Eric G. Johnson, Counsel for Appellees, Thomas D. Wiltheis and Sharon D. Wiltheis.

Kitchens, Benton, Kitchens & Newell, by Paul Kitchens, Counsel for Keith E. McClung and Sherry Ann McClung.

Before NORRIS, GASKINS and KOSTELKA, JJ.

KOSTELKA, J.

Mark Pennington ("Pennington") and his insurer, General Agents Insurance Company ("Gainsco"), appeal the partial summary judgment granted in favor of Thomas Wiltheis ("Wiltheis") on the issue of liability and the subsequent judgment denying Pennington's motion for new trial arising from an automobile accident.1 We reverse and remand for trial on the merits.

FACTS

In the early afternoon of April 19, 2000,...

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