CHAUFF v. NATIONWIDE AGRIBUSINESS INS. CO.

No. 2008-CA-0492.

7 So.3d 8 (2009)

James CHAUFF, III v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, Crescent Crown Distributing, L.L.C., Kevin L. Fuller and Lawrence Schmidt.

Court of Appeal of Louisiana, Fourth Circuit.

February 4, 2009.


Attorney(s) appearing for the Case

Gerald J. Calogero, Calogero Law Firm, P.L.L.C., Jacque R. Touzet, New Orleans, LA, for Plaintiff/Appellant.

Greta L. Wilson, Law Offices of Greta L. Wilson, L.L.C., New Orleans, LA, for Lawrence Schmidt.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, and Judge JAMES F. McKAY, III).


CHARLES R. JONES, Judge.

The Appellant, James Chauff, III, appeals the district court's grant of a motion for summary judgment in favor of the Appellee, Lawrence Schmidt. We reverse and remand.

On March 16, 2006, Mr. Chauff was driving south on Clio Street in a 1992 Toyota pick-up truck in Orleans Parish. As Mr. Chauff approached a stop sign at the intersection of Clio and Baronne Streets, he encountered a sports utility vehicle (SUV) — owned by the...

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