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GUTIERREZ v. STATE FARM FIRE & CAS. INS.

No. 13-CA-341.

128 So.3d 509 (2013)

Dylan Carey GUTIERREZ, Individually and as the Survivor of his Mother, Barbara Viola Fouchi v. STATE FARM FIRE AND CASUALTY INSURANCE COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

October 30, 2013.

Attorney(s) appearing for the Case

J. Patrick Connick , Marrero, LA, for Plaintiff/Appellant, Dylan Carey Gutierrez, Individually and as the Survivor of his Mother, Barbara Viola Fouchi.

John E. McAuliffe, Jr. , Metairie, LA, Counsel for Defendant/Appellee, State Farm Fire and Casualty Company.

Panel composed of Judges SUSAN M. CHEHARDY, FREDERICKA HOMBERG WICKER, and ROBERT A. CHAISSON.

SUSAN M. CHEHARDY, Chief Judge.

This is a wrongful death and survival action that was dismissed by summary judgment. The plaintiff appeals. We vacate and remand.

FACTS AND PROCEDURAL HISTORY

Dylan Carey Gutierrez is the son of Barbara Viola Fouchi from her first marriage.1 On February 20, 2009, Barbara Fouchi was shot and killed by her husband, Dana Ray Fouchi. Dana Fouchi then...

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