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BENJAMIN v. FIRST HORIZON INS. CO.

Nos. 07-1321.

978 So.2d 1121 (2008)

Mrs. Cherie BENJAMIN, et al. v. FIRST HORIZON INS. CO., et al.

Court of Appeal of Louisiana, Third Circuit.

March 5, 2008.

Attorney(s) appearing for the Case

John Allen Jeansonne, Jr., Scott F. Higgins, Jeansonne & Remondet, Lafayette, LA, for Defendant/Respondent, Bucyrus Erie Manufacturer, Inc., et al.

Dr. Edward A. Robinson, III, Baton Rouge, LA, for Plaintiffs/Applicants, Cherie Benjamin, Leroy Benjamin, Joann Benjamin, Lionell Benjamin, Cheryl Holmes, Michael Benjamin, and Torence Benjamin.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and GLENN B. GREMILLION, Judges.

THIBODEAUX, Chief Judge.

This case involves a product liability suit filed in 1987 by the family of the deceased, Mr. Leroy Benjamin (the Benjamins), against Bucyrus Erie, the manufacturer of a crane that fell on Mr. Benjamin in 1986, killing him instantly. In 2007 both parties filed motions for summary judgment. Following a hearing on the motions, the trial court denied the motion of the Benjamins and granted the motion of Bucyrus Erie. The Benjamins filed this appeal...

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