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DUKES v. DECLOUETTE

No. 2010 CA 0045.

40 So.3d 1231 (2010)

Chad Wick DUKES and Dana Green on Behalf of Skylah Dukes v. Paul J. DECLOUETTE, XYZ Insurance Company, And U.S. Agencies Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 11, 2010.

Attorney(s) appearing for the Case

Chad A. Aguillard New Roads and Ali Z. Shields Plaquemine, LA, for Plaintiffs-Appellants, Chadwick Dukes and Dana Green on behalf of Skylah Dukes.

Paul D. Oberle, Jr., Byron A. Richie, Shreveport, LA, for Defendants-Appellees, Imperial Fire & Casualty Ins. Co. and Paul Declouette.

Bryan J. Haydel, Jr., Baton Rouge, LA, for Defendant-Appellee, U.S. Agencies Casualty Ins. Co., Inc.

Before WHIPPLE, HUGHES, and WELCH, JJ.

WELCH, J.

Plaintiffs, Chadwick Dukes and Dana Green on behalf of Skylah Dukes, appeal a judgment granting a motion for summary judgment filed by defendant, Imperial Fire and Casualty Insurance Company. We reverse and remand.

BACKGROUND

On June 8, 2007, a vehicle driven by Chadwick Dukes, in which his daughter, Skylah, was riding, and a vehicle driven by Paul Declouette collided on Louisiana Highway 983. On May 23, 2008, Dukes and Skylah's mother...

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