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STORTZ v. WAGUESPACK

No. 04-CA-967.

892 So.2d 62 (2004)

James STORTZ and Rena Marie Adams, wife of James Stortz v. Jules R. WAGUESPACK, Michael Waguespack, David Toups, State Farm Mutual Automobile Insurance Company, State of Louisiana, on behalf of the Louisiana Department of Public Safety and Corrections, Office of State Police and Louisiana State Police Trooper Rickmeir.

Court of Appeal of Louisiana, Fifth Circuit.

December 14, 2004.

Attorney(s) appearing for the Case

David I. Courcelle, Peyton B. Burkhalter, Courcelle and Burkhalter, Metairie, LA, for Plaintiff/Appellee.

Fred M. Trowbridge, Jr., Porteous, Hainkel Johnson & Sarpy, New Orleans, LA, for Defendant/Appellant.

Patricia J. Delpit, Johnson, Stiltner & Rahman, Baton Rouge, LA, for Intervenor/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and THOMAS F. DALEY.

JAMES L. CANNELLA, Judge.

In an automobile accident case in which the Plaintiff, James Stortz, was struck and injured by a hit and run driver, the Defendants, State Farm Mutual Automobile Insurance Company (State Farm) and Jules R. Waguespack (Waguespack), appeal from the denial of their request for a summary judgment. We affirm.

On October 22, 2000, the Plaintiff, employed by Moon's Towing Service (Moon's), was called to the scene of an accident to remove...

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