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SMITH v. EBEY

No. 04-889.

896 So.2d 143 (2004)

Madeline SMITH v. Virginia A. EBEY, et al.

Court of Appeal of Louisiana, Third Circuit.

December 29, 2004.

Attorney(s) appearing for the Case

Thomas O. Wells, Alexandria, LA, for Plaintiff/Appellee, Madeline Smith.

David A. Hughes, Hughes & LaFleur, Alexandria, LA, for Defendants/Appellants, Virginia A. Ebey, et al.

Bonita Preuett-Armour, Alexandria, LA, for Defendants/Appellants, State Farm Mutual Automobile Insurance Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS and MICHAEL G. SULLIVAN, Judges.

COOKS, Judge.

On August 27, 2001, an accident occurred when a pick-up truck driven by Madeline Smith rear-ended a sports utility vehicle driven by Virginia Ebey. The accident occurred on Louisiana Highway 107 near its intersection with Pine Grove Drive in Pineville, Louisiana at approximately 5:40 p.m. on a weekday. Although it was still daylight, it was raining at the time, and the vehicles' windshield wipers were activated.

Immediately prior to Smith rear...

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