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

No. 2005-C-1139.

946 So.2d 133 (2006)

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.

Supreme Court of Louisiana.

Rehearing Denied February 2, 2007.

Attorney(s) appearing for the Case

Peuler & Ernst, Gregory L. Ernst, John B. Peuler, Anthony D'Alto II, New Orleans; Clayton Law Firm, Antonio M. Clayton; Shows, Cali & Berthelot, E. Wade Shows, Sheri M. Morris, Baton Rouge, for Applicant.

Evans & Clesi, Sheryl M. Howard, Anthony J. Clesi, Jr., Kenneth R. Evans, H. James Parker, New Orleans, Derek M. Mercadal; Gainsburg, Benjamin, David, Meunier & Warshauer, Gerald E. Meunier, New Orleans; Gauthier, Houghtaling & Williams, Edward F. Downing, III, John W. Houghtaling, II, Metairie; George H. Troxell, III; Ungarino & Eckert, William H. Eckert, Metairie, Richard C. Bates, Harvey, for Respondent.

TRAYLOR, Justice.

We granted this writ application to determine whether the court of appeal erred in reversing the judgment of the trial court in part and affirming the judgment in part. For the reasons which follow, we reverse the ruling of the Court of Appeal in part and affirm in part.

FACTS and PROCEDURAL HISTORY

On the evening of January 31, 1995, Hue Nguyen Lam, the wife of Thom Lam, was driving a Nissan Maxima eastbound on the elevated Westbank...

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