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DOMINGUE v. EXCALIBAR MINERALS OF LOUISIANA

No. 2005-1018.

936 So.2d 282 (2006)

Patsy Ann Collins DOMINGUE, et al. v. EXCALIBAR MINERALS OF LOUISIANA, LLC, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 13, 2006.

Attorney(s) appearing for the Case

J. Louis Gibbens, Dennis Stevens, Gibbens & Stevens, New Iberia, LA, Cole A. Wist, Willa Perlmutter, Marci Fulton, Patton, Boggs, LLP, Denver, CO, for Plaintiffs/Appellees, Patsy Ann Collins Domingue, et al.

Ralph E. Kraft, F. Douglas Gatz, Jr., Jessica A. Devitt, Preis, Kraft & Roy, Lafayette, LA, for Defendant/Appellant, Cameco Industries, Inc.

Kirk Lindsay Landry, Keogh, Cox & Wilson, Baton Rouge, LA, for Intervenor/Appellee, Valley Forge Insurance Company.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, JIMMIE C. PETERS, ELIZABETH A. PICKETT, and BILLY H. EZELL, Judges.

DECUIR, Judge.

In the workplace accident giving rise to this lawsuit, the plaintiffs' decedent was run over by a dump truck operated by his co-employee. The manufacturer of the dump truck, Cameco Industries, Inc., appeals the judgment of the trial court granting the plaintiffs' motion for judgment notwithstanding the verdict and finding Cameco 30% at fault in causing the accident. For the reasons which follow, we affirm the JNOV and deny both the plaintiffs' and the...

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