ISIDORE NEWMAN SCHOOL v. J. EVERETT EAVES

No. 2008-CA-1368.

17 So.3d 465 (2009)

ISIDORE NEWMAN SCHOOL v. J. EVERETT EAVES, INC. and Westport Insurance Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 1, 2009.


Attorney(s) appearing for the Case

James R. Swanson, Lance C. McCardle, Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P., New Orleans, LA, for Plaintiff/Appellant.

Jack M. Alltmont, April L. Watson, Sessions Fishman Nathan & Israel, L.L.P., New Orleans, LA, for Defendants/Appellants.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge TERRI F. LOVE, Judge ROLAND L. BELSOME, Judge PAUL A. BONIN).


JAMES F. McKAY III, Judge.

The defendants, J. Everett Eaves, Inc. (Eaves) and Westport Insurance Group (Westport), appeal a trial court judgment finding them liable for negligence in a Hurricane Katrina related insurance claim. The plaintiff, Isidore Newman School (Newman), answered the appeal contending that the trial court erred in allocating it 70% comparative fault. We affirm.

FACTS AND PROCEDURAL HISTORY

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