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POMACINO v. BENITO

No. 06-CA-607.

948 So.2d 310 (2006)

Marie POMACINO and Scarlett McAnespy, Natural Tutrix of Lawren Pomacino and Emzy Pomacino, Jr., minor children of Emzy Pomacino v. Osvaldo BENITO, Alejandro Madrigal, Paul Poon, Lafitte Frozen Foods Corporation, Fred Loya Insurance Agency, L.P., and/or Fred Loya Insurance Services, GP, LLC, Old American County Mutual Fire Insurance Company and ABC Insurance Company and State of Louisiana, through the Department of Transportation and Development.

Court of Appeal of Louisiana, Fifth Circuit.

December 27, 2006.

Attorney(s) appearing for the Case

R. Glenn Cater, Attorney at Law, New Orleans, LA, and Alfred Barrera, Attorney at law, Avondale, LA, for Appellants, Marie Pomacino, et al.

Andre C. Gaudin, Meredith M. Miceli, Attorney at Law, Metairie, LA, for Appellee, Lafitte Frozen Foods Corporation.

Panel composed of Judges SUSAN M. CHEHARDY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

SUSAN M. CHEHARDY, Judge.

Plaintiffs appeal the trial court's grant of summary judgment in favor of defendant. For the following reasons, we affirm.

Facts

On July 18, 2004, plaintiff, Emzy Pomacino ("Pomacino"), was critically injured when an oncoming vehicle traveled into his lane and struck his vehicle on Jean Lafitte Boulevard in Lafitte, Louisiana. Pomacino later died from his injuries. The oncoming vehicle was driven by defendant...

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