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BOYLSTON v. TIDWELL

No. 36,730-CW.

852 So.2d 1256 (2003)

Varnell BOYLSTON, Plaintiff-Respondent, v. Bruce TIDWELL, et al., Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

August 22, 2003.

Attorney(s) appearing for the Case

Kirby D. Kelly, Russell O. Brabham, Shreveport, for Respondent.

Cook, Yancey, King & Galloway, by F. Drake Lee, Jr., Sidney Earl Cook, Jr., R. Don Evans, Jr., Shreveport, for Applicants Bruce Tidwell, Truman Arnold Co., Inc. and St. Paul Fire and Marine Insurance Company.

Mayer, Smith & Roberts, L.L.P., by David F. Butterfield, Shreveport, for Applicants Roy Wren, Jack Pot Express, LLC d/b/a PennzMart and Transportation Ins. Co.

Before WILLIAMS, PEATROSS and MOORE, JJ.

MOORE, J.

Three defendants, Truman Arnold Companies, its employee Bruce Tidwell, and its insurer St. Paul Fire & Marine (collectively referred to as "TAC"), seek review of the district court's ruling that granted a new trial to the plaintiff, Varnell Boylston. Finding merit in TAC's position, we grant the writ and make it peremptory.

Factual and Procedural Background

The accident, a flash fire, occurred about 1:00 p.m. on December 6, 1998...

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