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DAVENPORT v. GILES

No. 46,606-CA.

80 So.3d 492 (2011)

Kristy Eloise DAVENPORT, et al., Plaintiff-Appellants v. Beverly GILES, et al., Defendant-Appellees.

Court of Appeal of Louisiana, Second Circuit.

November 2, 2011.

Attorney(s) appearing for the Case

Rice & Kendig, Shreveport, LA, by J. Marshall Rice , Marshall Carl Rice , William Fabian Kendig, Jr. , for Appellants.

Wiener, Weiss & Madison, Shreveport, LA, by Frank H. Spruiell, Jr. , for Appellees.

Before BROWN, DREW and MOORE, JJ.

MOORE, J.

The plaintiff's 13-year-old daughter and her two friends stood up in the bed of the pickup truck operated by the defendant as they were preparing to leave the parking lot of the Tinseltown movie theater in Shreveport. When the defendant accelerated the vehicle forward, plaintiff's daughter fell out of the truck and sustained injuries. After a bench trial, the court found that the defendant "improvidently accelerated...

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