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SMITH v. TRANSPORT SERVICES CO.

No. 2010-CA-1238.

67 So.3d 487 (2011)

Tenesha SMITH, Melvin Porter, Sr. and Wallace Dixon v. TRANSPORT SERVICES COMPANY, Protective Insurance Company and Dan Davis.

Court of Appeal of Louisiana, Fourth Circuit.

May 4, 2011.

Attorney(s) appearing for the Case

Vernon P. Thomas , Judith A. DeFraites , New Orleans, LA, for Plaintiffs/Appellees Tenesha Smith, Melvin Porter, Sr. and Wallace Dixon, et al.

J. Warren Gardner, Jr. , Gregory S. LaCour , Christovich & Kearney, L.L.P., New Orleans, LA, for Transport Service Co. of Illinois and Dan Davis.

John E. Galloway , Andrea Albert , Galloway, Johnson, Thompkins, Burr & Smith, New Orleans, LA, for Protective Insurance Company.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, and Judge MAX N. TOBIAS, JR.).

DENNIS R. BAGNERIS, SR., Judge.

Transport Service Co. of Illinois, Dan Davis, and Protective Insurance Company (hereinafter collectively referred to as "Transport"), defendants/appellants herein, appeal from a district court judgment, which denied its peremptory exception of prescription and made a determination of liability and causation in favor of plaintiffs who claimed to be injured by an alleged chemical spill in August 2002. After reviewing the record and applicable...

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