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SMITH v. BURTON

No. 2004 CA 2675.

928 So.2d 74 (2005)

Paul K. SMITH v. Beau J. BURTON, Jimmy Burton's Air Conditioning & Heating, Inc., and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.

Attorney(s) appearing for the Case

Kentley R. Fairchild, Houma, Counsel for Petitioner In Reconvention/Third Party Petitioner/Appellee Beau J. Burton.

Glenn B. Adams, Thomas M. Hayes, IV, New Orleans, Counsel for Defendants in Reconvention/Appellants Paul K. Smith and Scottsdale Insurance Company.

Jay J. Luke, Houma, Counsel for Third Party Defendant/Appellee State Farm Mutual Automobile Insurance Company.

Frank Whitely, Metairie, Counsel for Intervenor/Appellee State Farm Fire and Casualty Insurance Company.

Before: CARTER, C.J., DOWNING and GAIDRY, JJ.

DOWNING, J.

Paul K. Smith (Smith) and Scottsdale Insurance Company (Scottsdale) appeal the judgment of the trial court against them for damages resulting from an automobile accident. For the reasons that follow, we affirm in part, reverse in part, and render.

FACTUAL AND PROCEDURAL HISTORY

The automobile accident at issue in this matter occurred on December 3, 1999, on Grand Caillou Road at its intersection with Cemetery Street in Houma, Louisiana...

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