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LAM EX REL. LAM v. STATE FARM AUTO. INS.

Nos. 2003-CA-0180 to 2003-CA-0182 and 2003-CA-0824.

901 So.2d 559 (2005)

John LAM, A Minor, Through Thom LAM In His Capacity as the Administrator of the Estate of His Minor Child, John Lam v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Thomas Perino, Mildred Perino Individually and as the Administrator of the Estate of Thomas Perino, Salvador Perino Individually and as the Administrator of the Estate of Thomas Perino, et al. Thom Lam and Hue Nguyen v. State Farm Mutual Automobile Insurance Company, Thomas Perino, Mildred Perino, Individually and as the Administrator of the Estate of Thomas Perino, Salvador Perino, Individually and as the Administrator of the Estate of Thomas Perino, et al. Billy Kim Nguyen and Thanh T. Vu, Individually and as Natural Tutrix of Anna K. Vu, A Minor v. State Farm Mutual Automobile Insurance Company, Thomas Perino, Mildred Perino, Salvador Perino, Individually and as the Administrator of the Estate of Thomas Perino, et al. John Lam, Through Tom Lam In His Capacity as the Administrator of the Estate of His Minor Child, John Lam v. State Farm Mutual Automobile Insurance Company, Thomas Perino, Mildred Perino, Individually and as the Administrator of the Estate of Thomas Perino, Salvador Perino, Individually and as the Administrator of the Estate of Thomas Perino, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 1, 2005.

Attorney(s) appearing for the Case

Edward F. Downing III, John W. Houghtaling II, Gauthier, Downing, LaBarre, Dean & Sulzer, Metairie, LA, and George H. Troxell, New Orleans, LA, for John Lam, A Minor, Through Thom Lam, In His Capacity as the Administrator of the Estate of His Minor Child.

Gerald E. Meunier, Gainsburgh, Benjamin, David, Meunier & Warshauer, New Orleans, LA, for Thom Lam and Hue Nguyen Lam.

Antonio M. Clayton, Clayton Law Firm, Port Allen, LA, and Anthony D'Alto II, John B. Peuler, Gregory L. Ernst, Peuler & Ernst, New Orleans, LA, for Lakeside Imports, Inc. d/b/a Lakeside Toyota and Mid-Continent Insurance Company.

E. Wade Shows, Sheri M. Morris, Shows, Cali & Berthelot, L.L.P., Baton Rouge, LA, for Lakeside Imports, Incl., d/b/a Lakeside Toyota.

Anthony J. Clesi, Jr., Sheryl M. Howard, Derek M. Mercadal, H. James Parker, Evans & Clesi, PLC, New Orleans, LA, for Billy Nguyen.

(Court composed of Judge CHARLES R. JONES, Judge MICHAEL E. KIRBY, Judge DAVID S. GORBATY, Judge LEON A. CANNIZZARO JR., Judge ROLAND L. BELSOME).

ROLAND L. BELSOME, Judge.

FACTS

On January 31, 1995, Billy Nguyen was operating a 1989 Toyota Supra owned by his brother Dinh Nguyen, traveling east on the elevated Westbank Expressway in Jefferson Parish. Hue and Thom Lam ("Lams") were following Nguyen in their vehicle. Hue Lam was driving the following vehicle with her husband Thom as a passenger. Thom was holding their two-year old son, John, on his lap. Nguyen's vehicle experienced a sudden loss of power...

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