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TATE v. PROGRESSIVE SEC. INS. CO.

No. 2008-CA-0950.

4 So.3d 915 (2009)

Printess TATE, Jr. v. PROGRESSIVE SECURITY INSURANCE COMPANY, Gilbert Lewis Mr. Brown, St. Paul Fire & Marine Insurance Company and Imperial Fire & Casualty Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

January 28, 2009.

Attorney(s) appearing for the Case

Stephen Babcock, Robert Campbell, Kevin P. Kleinpeter, Babcock Law Firm, LLC, Baton Rouge, LA, for Plaintiff/Appellant Printess Tate, Jr.

Leon Aucoin, Covington, LA, for Defendants/Appellees Durr Heavy Construction and the Gray Insurance Company.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, Judge MAX N. TOBIAS, JR.).

Chief Judge JOAN BERNARD ARMSTRONG.

The plaintiff-appellant, Printess Tate, Jr., ("Tate") appeals a judgment in favor of the defendants-appellees, Durr Heavy Construction, LLC ("Durr") and its insurer, the Gray Insurance Company ("Gray"), dismissing the plaintiff's suit against the defendants-appellees.

Tate suffered personal injuries on March 19, 2002, when he was rear-ended by a truck driven by Gilbert Mr. Brown. The parties stipulated: (1) that the sole...

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