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ELMORE v. KELLY

No. 39,800-CA.

909 So.2d 36 (2005)

Johnnie R. ELMORE a/k/a Johnny R. Elmore and Patricia Elmore, Plaintiffs-Appellants v. Steven Paul KELLY, Sr., Safeway Insurance Company, Houston Trucking and American Insurance Brokers Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

July 29, 2005.

Attorney(s) appearing for the Case

James E. Ross, Jr., for Appellants, Johnnie R. Elmore a/k/a Johnny R. Elmore and Patricia Elmore.

Ungarino & Eckert L.L.C., by Brian David Smith, Matthew John Ungarino, Gregory Stephen Barkley, Shreveport, for Appellee Houston Hines.

Cook, Yancey, King & Galloway, by Robert Kennedy, Jr., Shreveport, for Appellee Scottsdale Insurance Company.

Before CARAWAY, PEATROSS and DREW, JJ.

DREW, J.

On May 27, 2002, Johnny Elmore was driving a 1988 Freightliner tractor-trailer rig hauling scrap metal from West Monroe to Jackson, Mississippi. The rig was owned by Houston Hines d/b/a Houston Trucking. A tire blew out on the rig on I-20 in Madison Parish. Elmore moved the rig to the interstate shoulder, activated the emergency flashers, and exited the vehicle. As Elmore checked the tire, he noticed that the trailer...

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