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ZAPATA v. CORMIER

No. 2002 CA 1801.

858 So.2d 601 (2003)

Diane Jenkins ZAPATA, Natural Tutrix of/and on Behalf of her Minor Children, Shelly Ann Shadell and Dale J. Shadell, Jr. v. Michael CORMIER, Allstate Insurance Company, Lee Rodrigue, National Automotive Insurance Company, Freddie Doucet as Owner of Dixie Inn, and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 27, 2003.

Attorney(s) appearing for the Case

Randy O. Lewis, Luling, for Plaintiff-Appellant Diane J. Zapata, Natural Tutrix of/and on Behalf of Her Minor Children, Shelly Ann Shadell and Dale J. Shadell, Jr.

Michael G. Gee, Thibodaux, for Defendant-Appellee Michael Cormier and Allstate Insurance Company.

Gary T. Breedlove, R. Vaughn Cimini, Metairie, for Defendants-Appellees Lee Rodrigue and National Automotive Insurance Company.

William S. Bordelon, Houma, for Defendant-Appellee Freddie Doucet, as Owner of Dixie Inn and First Financial Insurance Company.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

PETTIGREW, J.

This is an action for wrongful death filed on behalf of the minor children of a bar patron who, after leaving the bar, was struck and killed by an automobile while crossing a highway to his vehicle. The trial court subsequently granted summary judgment in favor of the bar owner and his insurer. We affirm.

FACTS

On April 18, 1999, Lee Rodrigue ("Mr.Rodrigue"), accompanied by Dale J. Shadell ("Mr.Shadell"), and Mr. Shadell's girlfriend...

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