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MENARD v. FEDERATED MUT. INS. CO.

No. 2005-85.

906 So.2d 746 (2005)

Elridge MENARD and Pauline Menard v. FEDERATED MUTUAL INSURANCE CO., et al.

Court of Appeal of Louisiana, Third Circuit.

June 22, 2005.

Attorney(s) appearing for the Case

Barney R. Aucoin, Lafayette, LA, for Intervenor Appellee — Louisiana Farm Bureau Casualty Ins. Co.

Steven Claude Judice, Keogh, Cox & Wilson, Ltd., Baton Rouge, LA, for Defendants/Appellees — Federated Mutual Insurance Co. and Joseph Curtis Aguillard.

Donald Dale Landry, Gerald DeLaunay, Perrin, Landry, DeLaunay, Dartez & Ouellet, Lafayette, LA, for Plaintiffs/Appellants — Elridge Menard and Pauline Menard.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and J. DAVID PAINTER, Judges.

THIBODEAUX, Chief Judge.

In this car accident case, Elridge and Pauline Menard appeal an adverse judgment pursuant to a jury verdict apportioning fault equally between Mr. Menard and the driver of the following vehicle who hit their car. They also appeal the jury's decision not to award any damages. Because we find that the tortfeasor, Joseph Aguillard, did not overcome the statutory presumption that the driver of the following vehicle is liable for such a collision...

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