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ARNOLD v. OUACHITA PARISH FIRE DEPT.

No. 44,378-CA.

12 So.3d 461 (2009)

Robbie ARNOLD, Stacey Guidry, Johnny Arnold, Jr., Christina Arnold Shamburger and Daniel Arnold, Individually and o/b/o The Deceased, John R. Arnold, Plaintiffs-Appellants v. OUACHITA PARISH FIRE DEPARTMENT, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 13, 2009.

Attorney(s) appearing for the Case

Guerriero & Guerriero, by Jeffrey D. Guerriero, Kevin D. Alexander, Breithaupt, Dunn, Dubos, Shafto & Wolleson, LLC, by Michael L. DuBos, K. Lamar Walters, III, Monroe, for Appellants.

Hayes, Harkey, Smith & Cascio, by John C. Roa, for Appellee.

Before CARAWAY, PEATROSS & MOORE, JJ.

PEATROSS, J.

The plaintiffs, family members of the deceased John Arnold, brought this survival and wrongful death action against the Ouachita Parish Fire Department after Mr. Arnold perished in a fire at his mobile home. Finding that the plaintiffs failed to carry the burden of proving by a preponderance of the evidence that any negligence on the part of the fire department was a cause-in-fact of Mr. Arnold's death, the trial court ruled in favor of the fire department...

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