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BERCY v. MARTIN

No. 2009-CA-0864.

37 So.3d 400 (2010)

Charles BERCY v. Donald ST. MARTIN and Eagle Transportation Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing April 15, 2010.

Attorney(s) appearing for the Case

Bryan K. Jefferson, Barker, Boudreaux, Lamy & Foley, New Orleans, LA, for Plaintiff/Appellee Charles Bercy.

Geri Broussard Baloney, Abril B. Sutherland, Keyojuan L. Gant, Broussard Baloney Law Firm, APC, Garyville, LA, for Appellant, Regional Transit Authority and Transit Management of Southeast Louisiana, Inc.

Rene's. Paysse, Jr., Thomas P. Anzelmo, Jr., Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for Defendants/Appellees, Louisiana Insurance Guaranty Association and Eagle Transportation, Inc.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY and Judge MAX N. TOBIAS, JR.)

JOAN BERNARD ARMSTRONG, Chief Judge.

The defendants-appellants, the Regional Transit Authority (RTA) and Transit Management of Southeast Louisiana, Inc. (TMSEL), appeal a May 13, 2009 judgment1, dismissing their Exception of No Cause of Action.

On November 26, 1996, the plaintiff-appellee, Charles Bercy, an employee of RTA and TMSEL, alleges that he was driving an RTA bus when he was struck by an eighteen-wheeler tractor-trailer...

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