THISTLETHWAITE v. GONZALEZ

Nos. 12-CA-130, 12-CA-131.

106 So.3d 238 (2012)

Pamela THISTLETHWAITE, individually and as the Legal Heir of James Thistlethwaite v. Rodney GONZALEZ; Veolia Water North America; and State of Louisiana, through Department of Public Safety and Corrections, Louisiana State Police. Jonathan C. Mouton v. Empire Indemnity Insurance Company; Veolia Water North America Operating Services, L.L.C.; Rodney Gonzalez; and State of Louisiana, through Department of Public Safety and Corrections, Louisiana State Police.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Withdrawn February 14, 2013.


Attorney(s) appearing for the Case

Robert E. Kleinpeter , Julius G. McMains , Attorneys at Law, Kleinpeter & Schwartzberg, Baton Rouge, LA, for Plaintiff/Appellee/1st Appellant, Pamela Thistlethwaite.

Blake R. David , Attorney at Law, Lafayette, LA, for Plaintiff/Appellee/2nd Appellant, Jonathan Mouton.

Louis C. Lacour, Jr. , Gregg E. Barrios , Christine S. Fortunato , Attorneys at Law, Adams and Reese, LLP, New Orleans, LA, for Defendant/Appellee/3rd Appellant, Lexington Insurance Company.

Robert E. Kerrigan, Jr. , Isaac H. Ryan , Attorneys at Law, New Orleans, LA, for Defendant/Appellee/4th Appellant, National Union Fire Insurance Company of Pittsburgh, PA.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and ROBERT A. CHAISSON.


JUDE G. GRAVOIS, Judge.

In this motor vehicle accident case, the plaintiffs have appealed the trial court's granting of the defendants' motion for a judgment notwithstanding the verdict, resulting in a reversal of the jury's award of exemplary damages to the plaintiffs. Also, the defendants have appealed the jury's awards of compensatory damages to the plaintiffs. For the reasons that follow, we reverse the trial court's grant of a judgment notwithstanding the verdict...

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