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TRAHAN v. DEVILLE

No. CA 05-1482.

933 So.2d 187 (2006)

Timothy TRAHAN, et al. v. Douglas DEVILLE, et al.

Court of Appeal of Louisiana, Third Circuit.

Order Granting Rehearing July 19, 2006.

Attorney(s) appearing for the Case

Gwendolyn Marie Hanhart, Gerard G. Metzger, APLC, New Orleans, LA, for Defendants/Appellees, Zurich American Insurance Company, Safelite Glass Corporation, Douglas Deville.

Sue Fontenot, Abbeville, LA, for Plaintiffs/Appellants, Shawn M. Trahan, Timothy Trahan.

James Paul Lambert, Lafayette, LA, for Plaintiffs/Appellees, Timothy Ryan Trahan, Shawn M. Trahan, Krista Trahan, Timothy Trahan.

Kenny Layne Oliver, Oliver & Way, David Oliver Way, Lafayette, LA, for Secondary Defendant/Appellant, State Farm Mutual Automobile Insurance Company.

W. Corey Grimley, Bryan David Scofield, Wendell Robert Verret, Daigle, Scofield & Rivera, Lafayette, LA, for Defendants/Appellees, Safelite Glass Corp., Douglas Deville, Zurich American Insurance Company, D.L. Peterson Trust.

Kevin Reeve Duck, Duck Law Firm, Lafayette, LA, for Plaintiffs/Appellees, Krista Trahan, Timothy Ryan Trahan.

Court composed of JOHN D. SAUNDERS, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

SAUNDERS, Judge.

This litigation arises from an automobile accident wherein a motorist noticed that he was being passed after commencing a left turn. The passing vehicle swerved to avoid a collision, ran into a mailbox, and plaintiff allegedly suffered injuries as a result. A jury trial was held and a verdict was returned in favor of defendant. Plaintiffs appealed. We reverse.

FACTS AND PROCEDURAL HISTORY

On April 18, 2001, Shawn Trahan attempted...

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