SMITH v. AVONDALE INDUSTRIES, INC.

No. 02-CA-939.

834 So.2d 1233 (2002)

Kenneth L. SMITH and Julia Ann Smith v. AVONDALE INDUSTRIES, INC. and Entergy Corporation.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 16, 2003.


Attorney(s) appearing for the Case

Richard Martin, Jr., New Orleans, LA, for Plaintiff-Appellant, Kenneth L. Smith and Julia Ann Smith.

Kenneth P. Carter, Joseph K. West, Margaret Jenkins Savoye, New Orleans, LA, for Defendant-Appellee, Entergy Corporation.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and WALTER F. ROTHSCHILD.


SUSAN M. CHEHARDY, Judge.

In this personal injury lawsuit, the trial judge found that the presence of defendant's utility pole was not a "cause-in-fact" of the severity of plaintiff's accident and resulting damages. For the following reasons, we affirm.

Facts and Procedural History

Kenneth Larue Smith was an experienced truck driver and President of Simco, Inc., a small trucking company in Kentwood, Louisiana. On September 19, 1996...

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