NAPOLEON v. ABC INS. CO.

No. 2003-CA-1602.

871 So.2d 658 (2004)

Mary NAPOLEON v. ABC INSURANCE COMPANY, Truckers Express, Inc., and Robert Gordon.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 18, 2004.


Attorney(s) appearing for the Case

Iris A. Tate, Williams, Tate & Williams, New Orleans, LA, for Plaintiff/Appellant.

Christopher J. Aubert, Tracy E. Gold, Aubert & Christensen, Covington, LA, for Defendants/Appellees (Truckers Express, Inc. and Nobel Insurance Company).

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY).


MICHAEL E. KIRBY, Judge.

Plaintiff, Mary Napoleon, appeals the granting of a summary judgment on the issue of liability in favor of defendants. On de novo review, we reverse and remand based upon Sections 154-2 and 154-923 of the New Orleans Code and La. C.C. art. 2323.

STATEMENT OF THE FACTS

On May 5, 1996, plaintiff was driving her 1994 Pontiac Grand Am in a southerly direction on Downman Road in New Orleans, in the right lane, when...

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