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VAN WINKLE v. ROGERS

No. 22-30638.

82 F.4th 370 (2023)

Billy VAN WINKLE, Jr., Plaintiff-Appellant v. James Arthur ROGERS; New Prime, Incorporated, doing business as Prime, Incorporated; Ace American Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED September 15, 2023.

Attorney(s) appearing for the Case

Jere Jay Bice , Matthew Evan Lognion , Peyton F. Pawlicki , Attorney, J. Michael Veron , Veron Bice, L.L.C., Lake Charles, LA, for Plaintiff-Appellant.

Matthew W. Bailey , Katherine Mosel Cook , Irwin Fritchie Urquhart & Moore, L.L.C., Baton Rouge, LA, David Wayne O'Quinn, Esq. , Irwin Fritchie Urquhart Moore & Daniels, L.L.C., New Orleans, LA, for Defendants-Appellees.

Before Davis, Southwick, and Oldham, Circuit Judges.

Plaintiff filed suit against a truck driver, trucking company, and insurance company. The claim was that the tread from a tire on Defendants' tractor-trailer separated from the tire core and hit Plaintiff's vehicle on an interstate highway. Plaintiff was injured in the resulting crash. Though the remnants of the...

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