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MELANCON v. LAFAYETTE INS. CO.

No. 05-762.

926 So.2d 693 (2006)

Joseph Lionel MELANCON, et al. v. LAFAYETTE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

March 29, 2006.

Attorney(s) appearing for the Case

Patrick C. Morrow, Sr., James S. Gates, Morrow, Morrow, Ryan & Bassett, Opelousas, Louisiana, for Plaintiffs/Appellees/Appellants, Joseph Lionel Melancon, Bernita Norman Melancon.

David A. Hurlburt, George D. Ernest, III, Hurlburt, Privat & Monrose, Lafayette, Louisiana, for Defendants/Appellees, T & J Ford Mercury, Sentry Select Insurance Company.

Howard B. Kaplan, Bernard, Cassisa, Elliott and Davis, Metairie, Louisiana, for Defendants/Appellants/Appellees, Lafayette Insurance Company, Robert C. Ardoin, Evangeline Gas Company, Inc.

Kraig T. Strenge, Lafayette, Louisiana, for Defendants/Appellants/Appellees, Evangeline Gas Company, Inc., Robert C. Ardoin, Lafayette Insurance Company.

Leah B. Guilbeau, John E. Ortego & Associates, Lafayette, Louisiana, for Defendant/Appellee, State Farm Mutual Automobile Insurance Company.

Darrell R. Sims, Law Offices of Keith S. Giardina, Baton Rouge, Louisiana, for Intervenor/Appellee, Liberty Mutual Insurance Company, United Parcel Service.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and J. DAVID PAINTER, Judges.

SULLIVAN, Judge.

Plaintiffs and Defendants appeal in this personal injury action. We affirm.

Facts

On February 13, 2002, Robert Ardoin backed into a UPS truck parked in the parking lot of T & J Ford-Mercury, Inc. (T & J Ford) in Ville Platte, causing the driver-deliveryman, Lionel Melancon, to fall from the truck onto the ground and injure himself. Mr. Melancon injured his right hand, back, and right leg when he fell. Mr. Melancon...

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