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STEWART v. DAIQUIRI AFFAIR, INC.

No. 2008 CW 1804.

20 So.3d 1041 (2009)

Katherine Leigh STEWART v. DAIQUIRI AFFAIR, INC., French Quarter Daiquiris, Inc., French Quarter Retreat, Inc., Essen Lane Daiquiris, Inc., XYZ Insurance Company and Kerry L. Denny.

Court of Appeal of Louisiana, First Circuit.

Writ Denied October 16, 2009.

Attorney(s) appearing for the Case

Daniel J. Balhoff, Randi S. Ellis, John W. Perry, Jr., Baton Rouge, LA, for Relators/Defendants, Daiquiri Affair, Inc., French Quarter Daiquiris, Inc., French Quarter Retreat, Inc., Essen Lane Daiquiris, Inc., XYZ Insurance Company, Kerry L. Denny, and Robert J. Baudry, Jr.

E. Wade Shows, Ronnie J. Berthelot, Joann Lea, Baton Rouge, LA, for Respondent/Plaintiff, Katherine Leigh Stewart.

Before: GUIDRY, PETTIGREW, DOWNING, GAIDRY, and McDONALD, JJ.

GUIDRY, J.

In this writ application, a bar owner challenges the trial court's grant of a motion in limine, wherein the trial court ordered that La. R.S. 9:2798.4, which bars an operator from recovering damages resulting from a motor vehicle accident if the operator is found to be in excess of twenty-five percent negligent as a result of a blood alcohol concentration beyond the legal limits, could not be applied in an action in which intoxication contributed to the...

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