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UPCHURCH v. STATE

No. 45,761-CA.

57 So.3d 361 (2011)

Miriam Stagner UPCHURCH, et al., Plaintiffs-Appellants, v. STATE of Louisiana, through the LOUISIANA DEPARTMENT OF TRANSPORTATION, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 20, 2011.

Attorney(s) appearing for the Case

J. Patrick Hennessy , Shreveport, LA, for Plaintiffs-Appellants Miriam Stagner Upchurch, Amanda Upchurch Caporossi and John David Upchurch.

Lunn, Irion, Salley, Carlisle & Gardner by J. Martin Lattier , Lisa D. Lobrano , for Defendant-Appellee Austin Bridge & Road, Inc.

Bruce R. Hoefer, Jr. , Ira J. Rosenzweig , New Orleans, LA, for Defendant-Appellee State of Louisiana, DOTD.

Jennifer P. McKay , Shreveport, LA, for Defendant-Appellee City of Shreveport.

Taylor, Porter, Brooks & Phillps, Baton Rouge, LA by Margaret L. Tooke , William S. McKenzie , for Defendant-Appellee Travelers Property Casualty Co. of America.

Breaud & Meyers, Lafayette, LA by Andrew H. Meyers , for Defendant-Appellee American Guarantee & Liability Ins. Co. and Protection Services Inc.

Michael T. Johnson , Alexandria, LA, for Defendant-Appellee Automobile Club Inter-Insurance Exchange.

Edwin G. Preis, Jr. , Catherine M. Landry , Lafayette, LA, for Defendant-Appellee Arch Specialty Ins. Co.

Before STEWART, GASKINS and DREW, JJ.

STEWART, J.

Plaintiffs, Miriam Stagner Upchurch, Amanda Upchurch Caporossi, and John David Upchurch, and Defendant, Austin Bridge and Road Co., are appealing a motion for summary judgment rendered in favor of Protection Services, Inc. ("PSI"). The judgment dismissed with prejudice PSI and its insurers, Travelers Property Casualty Company of America ("Travelers") and American Guarantee & Liability Insurance Company ("American Guarantee"). For the reasons stated...

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