HERNAEZ v. MOTHE LIFE INS. CO.

No. 09-CA-147.

28 So.3d 454 (2009)

Francisco A. HERNAEZ v. MOTHE LIFE INSURANCE COMPANY and Mothe Funeral Homes, LLC.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 2009.


Attorney(s) appearing for the Case

Kevin C. O'Bryon, O'Bryon & Schnabel, New Orleans, Louisiana, for Plaintiffs/Appellants.

Daniel A. Ranson Gaudry, Ranson, Higgins & Gremillion, L.L.C., Gretna, LA, for Defendants/Appellees.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and JUDE G. GRAVOIS.


MARION F. EDWARDS, Judge.

The judgment on appeal in this matter is the grant of a Motion for Summary Judgment in favor of defendant/appellee, Mothe Funeral Homes, LLC ("Mothe"), which dismissed plaintiffs/appellants' action for damages. For reasons that follow, we affirm.

Francisco Hernaez ("Mr. Hernaez") and his family evacuated to Picayune, Mississippi during Hurricane Katrina and were still living there on October 1, 2005. Sadly, on that day, Mr. Hernaez...

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