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ELMORE v. KELLY

No. 39,080-CA.

889 So.2d 1173 (2004)

Johnnie R. ELMORE a/k/a Johnny R. Elmore and Patricia Elmore, Plaintiff-Appellant, v. Steven Paul KELLY, Sr., Safeway Insurance Company, Houston Trucking and American Brokers Insurance Company, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 15, 2004.

Attorney(s) appearing for the Case

James E. Ross, Jr., Monroe, for Appellant.

Tracy L. Oakley, Ruston, for Appellee, Steven Paul Kelly, Sr. and Safeway Insurance Company.

Brian D. Smith, Shreveport, Matthew J. Ungarino, Metairie, for Appellee, Houston Hines.

Susan C. Severance, New Orleans, for Appellee, American Insurance Brokers, Inc.

Robert Kennedy, Jr., Shreveport, for Appellee, Scottsdale Insurance Company.

Before WILLIAMS, CARAWAY and LOLLEY, JJ.

WILLIAMS, J.

The plaintiffs, Johnnie R. Elmore a/k/a Johnny R. Elmore ("Elmore") and Patricia Elmore, appeal a judgment in favor of one of the defendants, American Insurance Brokers, Inc. ("American").1 The trial court granted American's exception of no right of action and its motion for summary judgment. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On May 27, 2002, Elmore was struck by a 1994 Nissan...

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