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MOSS v. NATIONAL FIRE AND MARINE INS. CO.

No. 12-1084.

111 So.3d 1166 (2013)

James MOSS, et al. v. NATIONAL FIRE AND MARINE INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

March 27, 2013.

Attorney(s) appearing for the Case

Vincent L. Bowers , Morris Bart, LLC, New Orleans, LA, for Plaintiffs/Appellants, James and Blanche Moss.

David O. Way , Kenny L. Oliver , Oliver & Way, L.L.C., Lafayette, LA, for Defendant/Appellee, State Farm Mutual Automobile Insurance Company.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

On August 8, 2008, Glenn Carriere, in the course and scope of his employment with Louisiana Limo, Inc., was driving James Moss to his son's wedding. Upon arrival at the church, Moss, who was blind, attempted to exit the vehicle. It was alleged by Plaintiffs (Moss and his wife) that Carriere did not provide any assistance or direction to Moss while he was exiting the vehicle. Moss fell and fractured his left ankle...

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