LEDAY v. SAFEWAY INS. CO. OF LA.

No. 04-610.

888 So.2d 1084 (2004)

Leslie LEDAY v. SAFEWAY INS. CO. OF LA., et al.

Court of Appeal of Louisiana, Third Circuit.

November 17, 2004.


Attorney(s) appearing for the Case

Donald Lynn Mayeux, Eunice, LA, for Plaintiff/Appellee — Leslie Leday.

Melissa Faye Doise, Borne & Wilkes, L.L.P., Lafayette, LA, for Defendant/Appellant — Safeway Insurance Company of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, C.J., GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.


THIBODEAUX, Chief Judge.

In this personal injury case involving an underinsured motorist claim, appellant, Safeway Insurance Company (Safeway), asserts that the trial court should have granted its Motion for Involuntary Dismissal following the close of plaintiff's case. Safeway argues that plaintiff, Leslie Leday, did not carry her burden of proving that the underlying insurance company had paid her to the fullest extent...

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