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

No. 11-CA-192.

76 So.3d 100 (2011)

Rachel BABIN, Wife of, and Royal Babin v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Matthew N. DeSalvo.

Court of Appeal of Louisiana, Fifth Circuit.

September 27, 2011.


Attorney(s) appearing for the Case

Thomas A. Gennusa , Joseph S. Piacun , Reid S. Uzee , Leonard J. Cline , Attorneys at Law, Metairie, LA, for Plaintiff/Appellee/3rd Appellant Royal Babin.

Joseph M. Messina , Charles R. Rumbley , Attorneys at Law, New Orleans, LA, for Defendant/Appellant Matthew N. DeSalvo and State Farm Mutual Automobile Insurance Company.

James R. Carter , Attorney at Law, New Orleans, LA, for Defendant/Appellee/2nd Appellant State Farm Mutual Automobile Insurance Company, in its U/M Capacity.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.


SUSAN M. CHEHARDY, Judge.

On appeal, Matthew DeSalvo and his liability insurer are appealing two separate judgments: first, the trial court's grant of a new trial in favor of plaintiff, Royal Babin, and, second, the judgment in favor of plaintiff, Rachel Babin. Additionally, second appellant, Royal Babin, appeals the original judgment in favor of DeSalvo and his insurer. Moreover, Mrs. Rachel Babin moves for dismissal of DeSalvo's appeal of judgment in her favor as...

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