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JONES v. GAINES

No. 41,890-CA.

953 So.2d 922 (2007)

Katie Chisley JONES, et al., Plaintiffs-Appellants v. Keith J. GAINES and U.S. Agencies Casualty Insurance Co., Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

February 28, 2007.

Attorney(s) appearing for the Case

Anthony J. Bruscato, Monroe, for Plaintiffs-Appellants.

Gadel Law Firm, by Bradley John Gadel, Alexandria, for Defendant-Appellee, Keith Gaines.

Judith M. Williams, Assistant Attorney General, for Defendants-Appellees, LSU Med. Ctr. Health Care d/b/a E.A. Conway Med. Ctr.; State of Louisiana, DHH; State of Louisiana, DPS, Office of Motor Vehicles.

Louis G. Scott, Kitchens, Benton, et al. by Graydon K. Kitchens, III, Minden, Malone Law Firm, L.L.C. by Mary Ellen Winchell, for Defendants-Appellees, John and Frances Gaines.

Before BROWN, CARAWAY, and LOLLEY, JJ.

BROWN, Chief Judge.

The day after being released from the Monroe Mental Health Center ("MMHC"), 29-year-old Keith Gaines became intoxicated and drove his sports utility vehicle through a caution or red light at an excessive speed and struck a vehicle being driven by Terrence Chisley. Gaines' blood alcohol measured .14%. Chisley was killed and Gaines was convicted of vehicular homicide. In this wrongful death/survival action...

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