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MACALUSO v. TRAVELERS CAS. AND SUR. CO.

No. 2010 CA 1478.

59 So.3d 454 (2011)

Dustin MACALUSO, and his wife, Mindy L. Macaluso, Individually and on Behalf of their Minor Children, Drake Macaluso and Mallory Macaluso v. TRAVELERS CASUALTY AND SURETY COMPANY, USAA General Indemnity Company, ARC Industries, LLC d/b/a and/or a/k/a Moreno Energy and Arthur L. Oncale.

Court of Appeal of Louisiana, First Circuit.

February 23, 2011.

Attorney(s) appearing for the Case

R. Scott Ramsey, Jr. , Morgan City, LA, for Plaintiffs/Appellants Dustin Macaluso and Mindy L. Macaluso.

Ian A. MacDonald , Lafayette, LA, for Defendants/Appellees Charter Oak Fire and Casualty Insurance Company and ARC Industries, L.L.C.

Before CARTER, C.J., GAIDRY and WELCH, JJ.

GAIDRY, J.

This is an appeal of a summary judgment dismissing the plaintiffs' claims against an automobile driver's employer and its insurer on the grounds that the employer was not vicariously liable for the driver's negligence. We affirm.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Dustin Macaluso, was employed as a tool inspector by Ray's Radiators, Inc. (Ray's) in Morgan City, Louisiana. Ray's was engaged in the business of installation and repair...

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