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MORAUS v. FREDERICK

No. 05-429.

916 So.2d 474 (2005)

Joseph MORAUS v. Jennifer H. FREDERICK, et al.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2005.

Attorney(s) appearing for the Case

Paul D. Oberle, Jr., Shreveport, Louisiana, for Defendant/Appellant, Imperial Fire & Casualty Insurance Company.

John T. Bennett, Marksville, Louisiana, for Plaintiff/Appellee, Joseph Moraus.

Court composed of GLENN B. GREMILLION, J. DAVID PAINTER, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

This is an automobile accident case where the Defendant UM carrier appeals the trial court's judgment finding the Plaintiff only 20% at fault. Plaintiff answered the appeal seeking additional attorney's fees as damages for a frivolous appeal. We amend the trial court's allocation of fault, reduce the future general and special damage awards, and deny the Plaintiff's request for damages for frivolous appeal.

FACTS

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