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UPCHURCH v. STATE EX REL. LOUISIANA DEPT. OF TRANSPORTATION AND DEVELOPMENT

No. 48,354-CA.

123 So.3d 228 (2013)

Miriam Stagner UPCHURCH, Amanda Upchurch Caporossi and John David Upchurch, Plaintiffs-Appellees v. STATE of Louisiana through the LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, the City of Shreveport, Austin Bridge & Road, Inc., Unitrin Auto and Home Insurance Company and Rishaida Rochelle Trapani, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

August 7, 2013.

Attorney(s) appearing for the Case

Johnson, Siebeneicher & Ingram, by Michael T. Johnson , Alexandria, LA, David W. Marcase , for Defendant/Appellant, Automobile Club Inter-Insurance.

J. Patrick Hennessy , Alan Stegall , Shreveport, LA, for Appellees.

Before BROWN, DREW, and LOLLEY, JJ.

BROWN, Chief Judge.

This is an action for damages arising out of an automobile accident that left plaintiff, Miriam Stagner Upchurch, a quadriplegic. Ms. Upchurch subsequently died three years later as a result of complications arising from her injuries and her children were substituted as party plaintiffs for their mother's survival action and their own action for damages for her wrongful death. After years of litigation, all defendants except for Automobile Club...

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