HURST v. JUDSON

No. 2002 CA 2412.

859 So.2d 53 (2003)

Derrick HURST v. Kenneth W. JUDSON and Illinois National Insurance Company.

Court of Appeal of Louisiana, First Circuit.

July 2, 2003.


Attorney(s) appearing for the Case

Robert J. Carter, Russell C. Monroe, Greensburg, Counsel for Plaintiff/Appellee Derrick Hurst.

William E. Willard, Mark G. Murphey, Baton Rouge, Counsel for Defendants/Appellants Kenneth W. Judson and Illinois National Insurance Co.

Before: KUHN, DOWNING and GAIDRY, JJ.


DOWNING, J.

The issue in this appeal is whether the "no pay, no play" provision of La. R.S. 32:866 is applicable where a driver of an automobile backs into an uninsured automobile operated by a non-owner. This case arises out of an automobile accident where defendant, Kenneth Judson, backed his automobile into a parked, uninsured automobile owned by the mother of plaintiff, Derrick Hurst, who had taken his mother's automobile to get gasoline. The trial court found...

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