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BERARD v. HOME STATE COUNTY MUT. INS. CO.

No. 11-1372.

89 So.3d 470 (2012)

Norbert BERARD, Sr. v. HOME STATE COUNTY MUTUAL INS. CO.

Court of Appeal of Louisiana, Third Circuit.

May 9, 2012.

Attorney(s) appearing for the Case

Richard Riley Montgomery , Briney, Foret & Corry, Lafayette, LA, for Defendant/Appellee, Home State County Mutual Ins. Co.

Harry Karl Burdette , The Glenn Armentor Law Corp., Lafayette, LA, for Plaintiff/Appellant, Norbert Berard, Sr.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, and BILLY H. EZELL, J. DAVID PAINTER, JAMES T. GENOVESE, and SHANNON J. GREMILLION, Judges.

GREMILLION, Judge.

We are called upon to determine whether the trial court properly granted summary judgment in favor of Home State County Mutual Insurance Company, dismissing the demands of Norbert Berard, Sr. We conclude that it was not, for the reasons that follow.

FACTS

On September 11, 2008, Berard was allegedly south-bound on Louisiana Highway 339 in Lafayette Parish. So was Julian Palma, who was driving...

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