THOMPSON v. SHAY

No. 2001 CA 0974.

817 So.2d 1230 (2002)

Richard THOMPSON, Individually and on Behalf of Minor, Richelle Thompson, and Ezeldia Thompson, on Behalf of Minors, Raymond Celestine and Lejeaun Celestine v. Jimmy SHAY, Liberty Mutual Insurance Company, Ace Transportation, Inc. and Al Domain.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 11, 2002.


Attorney(s) appearing for the Case

Juan Pickett, Houma, for Appellees Plaintiffs.

Robert A. Redwine, New Orleans, for Appellants Defendants Jimmy Shay, Ace Transportation, Inc. and United National Insurance Company.

Arthur I. Robison, Lafayette, for Third Party Defendant Liberty Mutual Insurance Co.

Before: FOIL, PETTIGREW and WILLIAM F. KLINE, JR., JJ.


FOIL, Judge.

In this appeal, an excess insurer challenges the trial court's ruling granting summary judgment in favor of a primary insurer, finding no liability on the part of the primary carrier. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff, Richard Thompson, was involved in a car accident with defendant, Jimmy Shay, an employee of Ace Transportation, Inc. Richard and Ezeldia Thompson, individually and on behalf...

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