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SMEBY v. WILLIAMS

No. 42,163-CA.

961 So.2d 597 (2007)

Cynthia SMEBY, Plaintiff-Appellee v. John B. WILLIAMS, Jr., State Farm Mutual Automobile Insurance Company, and Rodney C. Griffin, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 27, 2007.

Attorney(s) appearing for the Case

The Aubert Law Firm, by Christopher Joseph Aubert, James Philip Meyer, Covington, for Appellants, John B. Williams, Jr., E.L. Burns Co., Inc. and Paccar Leasing Corporation.

Robert Stephen Tew, Monroe, for Appellee, Cynthia Smeby.

Cotton, Bolton, Hoychick & Doughty, by David Paul Doughty, Rayville, for Appellee, Louisiana Farm Bureau Mutual Insurance Company.

Philip Thomas Deal, for Appellees, Rodney C. Griffin & State Farm Mutual Automobile Insurance Company.

Before STEWART, DREW and LOLLEY, JJ.

DREW, J.

John Williams, E.L. Burns Co., Inc., and Paccar Leasing appeal a judgment in which Williams was found solely at fault for an automobile accident between a phantom truck and a sports car carrying Cynthia Smeby and Rodney Griffin. We amend the judgment to allocate 40% of fault to the phantom truck driver, and affirm the amended judgment.

FACTS

John Williams was employed as a truck driver for E.L. Burns Co., Inc. ("Burns"). Late in the evening...

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