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RYALS v. STATE FARM MUT. AUTO. INS. CO.

No. 42,351-CA.

963 So.2d 481 (2007)

Jefferi RYALS and Willie Tatum, Jr., Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Ashley N. Shively, Travis Grace and Greg Whitaker, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 15, 2007.

Attorney(s) appearing for the Case

J. Antonio Tramontana, for Plaintiffs-Appellants.

Hayes, Harkey, Smith & Cascio by John C. Roa, Monroe, for Defendants-Appellees, State Farm Mutual Automobile Insurance Co. and Ashley Shively.

Nelson, Zentner, Sartor & Snellings, LLC by Thomas G. Zentner, Jr., Monroe, for Defendant-Appellee, Travis Grace.

Montgomery, Barnett, Brown, Hammond & Mintz, L.L.P. by Christopher E. Carey, New Orleans, for Defendant-Appellee, Beacon One Insurance Company.

Hudson, Potts & Bernstein, L.L.P. by D. Brian Allen, Monroe, for Defendant-Appellee, DMJ Properties, LLC, d/b/a Cypress Landing.

Before GASKINS, DREW and LOLLEY, JJ.

GASKINS, J.

The parents of a deceased occupant involved in a one-car accident appeal from a trial court ruling granting summary judgment in favor of the surviving occupant and the car's insurer on the basis that the deceased occupant was driving at the time of the accident. We reverse and remand.

FACTS

In the late night hours of June 5, 2002, or the early morning hours of June 6, 2002,1 16-year-old Jodi Tatum and 19-year...

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