DEFRAITES v. STATE FARM MUT. AUTO. INS. CO.

No. 10-CA-78.

44 So.3d 762 (2010)

Robert DEFRAITES, Individually and as Representative of those similarly situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Oasis Horticultural Services, Inc., Individually and as Representative of all those similarly situated.

Court of Appeal of Louisiana, Fifth Circuit.

June 29, 2010.


Attorney(s) appearing for the Case

David L. Haik , David L. Haik , a Professional Law Corporation, Attorney at Law, Metairie, LA, for Plaintiff/Appellant, Robert Defraites, Individually and as Putative Plaintiff Class Representative.

Wayne J. Lee , Lesli D. Harris , Stone Pigman Walther Wittmann L.L.C., Attorneys at Law, New Orleans, LA, for Defendants/Appellees, State Farm Mutual Automobile Insurance Company and Oasis Horticultural Services, Inc.

Panel composed of Judges SUSAN M. CHEHARDY, FREDERICKA HOMBERG WICKER, and MARC E. JOHNSON.


SUSAN M. CHEHARDY, Judge.

This is a class action lawsuit that comes before us on appeal of the trial court's denial of the plaintiffs motion to alter the class definition. We affirm and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

On July 1, 2002, Robert Defraites' vehicle was damaged in an accident with a vehicle owned by Oasis Horticultural Services, Inc., operated by an Oasis employee. The Oasis vehicle was insured by State Farm...

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