PERKINS v. CARTER

No. 09-CA-673.

30 So.3d 862 (2009)

Harry PERKINS v. Mike CARTER, Fleming Construction Company, L.L.C., Gray Insurance Company, Howard Woo and United Services Automobile Association.

Court of Appeal of Louisiana, Fifth Circuit.

December 29, 2009.


Attorney(s) appearing for the Case

Chad A. Aguillard, Attorney at Law, New Roads, LA, for Plaintiff/Appellee.

Michael R. Sistrunk, Matthew J. Garver, Attorneys at Law, Covington, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.


FREDERICKA HOMBERG WICKER, Judge.

This appeal arises from a negligence action involving a motor vehicle accident in which the plaintiff/appellee guest passenger Harry Perkins filed a Direct Action suit against defendant/appellant United Services Automobile Association (USAA), the alleged tortfeasor's insurer. In this bench trial, at the conclusion of the plaintiffs case, USAA moved to dismiss1 based on the plaintiffs failure to meet his...

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