DAVIS v. SCOTTSDALE INS. CO.

Nos. 13-CA-255, 13-CA-256.

128 So.3d 471 (2013)

Kenneth DAVIS, individually and as Natural Tutor of His Minor Child, N.A.D. v. SCOTTSDALE INSURANCE COMPANY; Ramelli Waste, LLC, and Knollie Jones Barry Terrell, individually and as Natural Tutor of His Minor Child, H.T. v. Scottsdale Insurance Company, Ramelli Waste, LLC and Knollie Jones.

Court of Appeal of Louisiana, Fifth Circuit.

October 30, 2013.


Attorney(s) appearing for the Case

Morris Bart Law Firm, Terry B. Loup , Perrey S. Lee , Attorneys at Law, New Orleans, Louisiana, for Plaintiffs/Appellants, Kenneth Davis and Naomi Autumn Davis.

Plauche, Smith & Niesit, Christopher P. Ieyoub , Attorney at Law, Lake Charles, Louisiana, for Plaintiff/Appellee-2nd Appellant, Hunter Terrell.

Breazeale, Sachse & Wilson, Douglas K. Williams , Christopher A. Mason , Attorneys at Law, Baton Rouge, Louisiana, for Defendant/Appellee, QBE Specialty Insurance Company.

Panel composed of Judges MARC E. JOHNSON, STEPHEN J. WINDHORST, and HANS J. LILJEBERG.


HANS J. LILJEBERG, Judge.

Plaintiffs appeal a summary judgment granted in favor of one of the defendants, QBE Specialty Insurance Company, dismissing them from this lawsuit. For the following reasons, we reverse.

FACTS AND PROCEDURAL HISTORY

This case arises from a motor vehicle accident that occurred on July 18, 2009, in St. Charles Parish. Knollie Jones was operating a 2006 Mack garbage truck on

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