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MURRELL v. HOOTER

No. 04-CA-960.

892 So.2d 680 (2004)

Trish I. MURRELL v. O.J. HOOTER, Wendy Hooter, John Albert and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2004.

Attorney(s) appearing for the Case

Michael W. McMahon, Emmett, Cobb, Waits & Kessenich, New Orleans, LA, for Plaintiff/Appellant, Trish I. Murrell.

Joel A. Levy, Marrero, LA, for Defendants/Appellees, O.J. Hooter and Wendy Hooter.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and CLARENCE E. MCMANUS.

SUSAN M. CHEHARDY, Judge.

The plaintiff appeals the dismissal of her suit arising out of the death of her champion thoroughbred jumping horse. The dismissal was based on the trial court's conclusion that the defendants were shielded from liability by a state statute. We reverse and remand for further proceedings.

FACTS

On April 19, 2002 Trish I. Murrell filed suit against O.J. Hooter, Wendy Hooter, John Albert, and their insurer.

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