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JACOBS v. SAFEWAY INS. CO.

No. CA 06-638.

942 So.2d 84 (2006)

Joseph JACOBS, Sr., et al. v. SAFEWAY INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2006.

Attorney(s) appearing for the Case

Keith Michael Borne, Borne, Wilkes & Brady, Lafayette, LA, for Defendants/Appellees, Safeway Insurance Company, Unopened Succession of Panzy Dixon Burnett.

James Thompson Lee, Bunkie, LA, for Plaintiffs/Appellees, Joseph Jacobs, Sr., Joseph Jacobs, Jr., Joemont'e Jacobs.

Rodney Marchive Rabalais, Rabalais & Roy, Marksville, LA, for Defendant/Appellee, Melancon Funeral Home.

Kerry Lyndon Spruill, Marksville, LA, for Defendant/Appellee, Derek Coleman.

Michael Sheldon Koch, Neblett, Beard & Arsenault, Alexandria, LA, for Defendant/Appellee, Valerie Roy.

Bonita K. Preuett-Armour, Armour Law Firm, Alexandria, LA, for Defendants/Appellants, State Farm Mutual Auto Insurance Company, Felicia Benjamin.

Jeffrey Scott Ingram, Attorney at Law, Alexandria, LA, for Defendant/Appellee, Mar-Dan Enterprises.

Court composed of MICHAEL G. SULLIVAN, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.

EZELL, Judge.

Felicia Benjamin and State Farm Mutual Automobile Insurance Company appeal the decision of the trial court finding Ms. Benjamin to be fifty percent at fault for an auto accident involving a drunk driver. For the following reasons, we reverse the decision of the trial court.

This case involves an automobile accident that occurred on June 28, 2003 on U.S. Highway 71 south of Cheneyville. Ms. Benjamin was driving south on Highway 71 through Cheneyville...

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