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JENKINS v. HAYNES

No. 2008-CA-0783.

24 So.3d 966 (2009)

Elliot J. JENKINS, Charles E. Jenkins and Patrick Holden v. Sam B. HAYNES, Jr. d/b/a Haynes Motor Lines, Joe Doe and Legion Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 9, 2009.

Attorney(s) appearing for the Case

Tamara Kluger Jacobson, Robert G. Harvey, Sr., New Orleans, LA, for Plaintiffs/Appellants.

George P. Hebbler, Jr., Hebbler & Giordano, LLC, Metairie, LA, for Royal Insurance Company of America.

Carl L. Aspelund, Jacqueline G. Griffith, Chehardy Sherman Ellis Murray Recile Griffith Stakelum & Hayes, LLP, Metairie, LA, for Defendant/Appellee (Louisiana Insurance Guaranty Association).

Mark A. Myers, Pajares & Schexnaydre, L.L.C., Covington, LA, for Louisiana Insurance Guaranty Association, o/b/o Haynes Motor Lines to the Extent Coverage is Provided by Reliance Insurance Company (In Solvency).

(Court Composed of Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge EDWIN A. LOMBARD).

MICHAEL E. KIRBY, Judge.

This case arises from a vehicular accident that occurred on July 11, 2000, involving truck # 40 owned by defendant Sam B. Haynes, Jr. d/b/a Haynes Motor Lines ("Haynes"). The driver of the truck fled the scene, and his identity has never been established. Plaintiffs, Elliot J. Jenkins, Charles E. Jenkins and Patrick Holden, appeal both a March 31, 2008 judgment granting a partial summary judgment in favor defendant, Louisiana Insurance Guaranty...

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