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DEEP SOUTH TOW. v. SEDGWICK OF NEW ORLEANS

No. 2003-CA-1829.

876 So.2d 102 (2004)

DEEP SOUTH TOWING, INC. v. SEDGWICK OF NEW ORLEANS and Marsh U.S.A., Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 16, 2004.

Attorney(s) appearing for the Case

Leonard Cardenas, III, Cardenas & Saunders, Baton Rouge, LA, for Plaintiff/Appellant.

William F. Grace, Jr., J. Dwight LeBlanc, Jr., Douglas L. Grundmeyer, Philip R. Sims, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, for Defendant/Appellee (Marsh U.S.A., Inc.).

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY).

Judge MICHAEL E. KIRBY.

Deep South Towing, Inc. (hereinafter "DeepSouth"), plaintiff/insured appeals the Judgment in favor of defendants, Sedgwick of New Orleans and Marsh U.S.A., Inc. (hereinafter "Sedgwick" or "Marsh"), that dismissed plaintiff's claims with prejudice where the trial court found defendant's negligence did not create a risk that proximately caused plaintiff harm.

STATEMENT OF THE FACTS

On April 28, 1996, plaintiff obtained...

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