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ESTATE OF ALIX v. WELLS

Nos. 2007-CA-0503 to 2007-CA-0508.

974 So.2d 63 (2007)

The ESTATE OF Gregory ALIX, Sr. and Raynell Johnson, Individually and o/b/o her Minor Child Ashley Erin Johnson v. Robert WELLS, Big Lots Stores, Inc. and ABC Insurance Company Miosha Walker, Individually and/or in her Capacity as Natural Tutrix of her Minor Daughter, Mijae Amari Walker v. Penske Logistics LLC. Augusta Holloway, Individually and in her Capacity as Natural Tutrix of her Minor Son, Jordan Alix v. Penske Logistics, LLC, Robert Lee Wells, Jr., Jonathan Hampton and Bui Nguyen Bui Thi Nguyen, Individually and in her Capacity as Natural Tutrix of her Minor. Daughter, Nga Vu v. Penske Logistics, L.L.C., Robert Lee Wells, Jr., Jonathan Hampton, ABC Insurance Company, Gregory Mix, and XYZ Insurance Company Jonathan D. Hampton, Individually and on Behalf of his Minor Children, Jonathan Hampton, Jr. and Joshua Hampton v. Robert Lee Wells, Jr., Penske Logistics, L.L.C., The Estate of Gregory Clinton Alix, Sr., and State Farm Mutual Automobile Insurance Company Dionne Davis, Individually and on Behalf of her Minor Son, Gregory Alix, Jr. v. Robert Wells, Big Lots Stores, Inc., ABC Insurance Co., The State of Louisiana, Department of Transportation and Development, Penske Logistics, LLC and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 23, 2008.

Attorney(s) appearing for the Case

Gregory P. DiLeo, Jennifer B. Eagan, New Orleans, LA, for Plaintiffs/Appellees, Jonathan D. Hampton, et al.

W. Paul Andersson, Margaret F. Swetman, Leake & Andersson, L.L.P., New Orleans, LA, for Defendant/Appellee, Jonathan Hampton.

David J. Schexnaydre, Edward Lassus, Jr., Mary B. Lord, Pajares & Schexnaydre, L.L.C., Covington, LA, for Defendants/Appellants, Robert Lee Wells, Jr. and Penske Logistics, L.L.C.

Gregory G. D'Angelo, Wm. David Coffey, Panzeca & D'Angelo, L.L.C., Metairie, for Defendant/Appellant, State of Louisiana, Through The Department of Transportation and Development.

(Court composed of Judge DENNIS R. BAGNERIS SR., Judge TERRI F. LOVE, Judge ROLAND L. BELSOME).

ROLAND L. BELSOME, Judge.

On May 31, 2004, Robert Wells, Jr. was driving an 18-wheeler owned by Penske Logistics, LLC when he encountered three stopped vehicles on westbound 1-40 in New Orleans, Louisiana. Wells collided with the vehicles sending the first vehicle and its driver, Gregory Alix over the guard rail into the Industrial Canal where he drowned. Jonathan Hampton was the operator of the second stopped vehicle.1

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