SIMMONS v. CTL DISTRIBUTION

No. 03-CA-1301.

868 So.2d 918 (2004)

Marlon SIMMONS, et al. v. CTL DISTRIBUTION and Darren Tomas.

Court of Appeal of Louisiana, Fifth Circuit.

February 23, 2004.


Attorney(s) appearing for the Case

James M. Dill, David B. Gooch, The Dill Firm, A.P.L.C., Lafayette, LA, for Appellant.

Walter C. Dumas, Patti Durio Hatch, Dumas and Associates, Baton Rouge, LA, Richard J. Arsenault, John Randall Whaley, Neblet, Beard & Arsenault, Alexandria, LA, for Appellee.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY and MARION F. EDWARDS.


JAMES L. CANNELLA, Judge.

The Defendants, CTL Distribution, Inc. (CTL) and Darren Tomas (Tomas), appeal a judgment in a wrongful death and survival action in favor of the Plaintiffs, Marlon Simmons and his deceased mother, Dolores Simmons. We amend in part and affirm as amended.

On April 5, 2002, Tomas, a tractor trailer truck driver employed by CTL, was transporting molten sulfur on the River Road near Romeville...

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