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TRINH EX REL. TRAN v. DUFRENE BOATS, INC.

No. 2008 CA 0824.

6 So.3d 830 (2009)

Nga TRINH, Individually and on Behalf of Hao TRAN and Lynn Tran v. DUFRENE BOATS, INC.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 13, 2009.

Attorney(s) appearing for the Case

John Blackwell, New Iberia, LA, for Plaintiffs/Appellees, Nga Trinh, Individually and on Behalf of Hao Tran and Lynn Tran.

Scott R. Wheaton, Jr., Stanley J. Cohn, Gregory C. Fahrenholt, New Orleans, LA, for Defendant/Appellant, Dufrene Boats, Inc.

Before PETTIGREW, McDONALD, and HUGHES, JJ.

McDONALD, J.

In this case, plaintiffs sought recovery under general maritime law and Louisiana wrongful death and survival laws for the death and pre-death suffering of a Louisiana self-employed commercial crab fisherman, who was killed in Louisiana territorial and navigable waters when a barge being pushed by a tug boat struck his crab boat. The trial court found the defendant, who owned and operated the tug boat, 60 percent at fault and the decedent 40 percent at...

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