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RABALAIS v. NASH

No. 05-937.

926 So.2d 683 (2006)

Calvin RABALAIS and Merion Rabalais v. Lloyd A. NASH, Jr., et al.

Court of Appeal of Louisiana, Third Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

Larry Alan Stewart, Stafford, Stewart, & Potter, Alexandria, LA, for Defendants/Appellees State Farm Mutual Automobile Insurance Company, Avoyelles Glass of Bunkie, Earl Guillory.

Henry Dupont Heck Olinde, Jr., James D. Prescott, III, Couhig Partners L.L.C., Baton Rouge, LA, for Defendants/Appellees Lloyd A. Nash, Jr., City of Marksville through the Marksville City Fire Department, American Alternative Insurance Company.

Brian M. Caubarreaux, Derrick G. Earles, Brian Caubarreaux & Associates, Marksville, LA, for Plaintiffs/Appellants Calvin Rabalais and Merion Rabalais.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and OSWALD A. DECUIR, Judges.

SAUNDERS, Judge.

The plaintiff, Calvin Rabalais, appeals an adverse judgment assessing 100% of the fault to him in a collision between his vehicle and a Marksville Fire Department vehicle which was returning to a fire still in progress.

We reverse the judgment rendered pursuant to a jury verdict.

ISSUES

Did the jury commit manifest error in concluding that La.R.S. 32:24 concerning emergency vehicles applied to the facts...

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