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THIBODEAUX v. ACE AMERICAN INS. CO.

No. 13-577.

127 So.3d 132 (2013)

Danielle Brooke THIBODEAUX, et al. v. ACE AMERICAN INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 27, 2013.

Attorney(s) appearing for the Case

Mark Reese Pharr, III , Lindsay L. Meador , Galloway, Johnson, et al, Lafayette, LA, for Defendants/Appellees, Ace American Insurance Company PSC Industrial Outsourcing, Inc. Sean M. Bohannon.

Blake R. David , Broussard & David, L.L.C., Lafayette, LA, for Plaintiffs/Appellants, Myka Hatch Danielle Brooke Thibodeaux Hatch.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and PHYLLIS M. KEATY, Judges.

SAUNDERS, Judge.

This is an automobile accident case involving a left-turning vehicle striking a passing vehicle established in the passing lane on a two-lane roadway. The jury allocated 53% of the fault to the driver of the passing vehicle and 47% of the fault to the driver of the left-turning vehicle and awarded damages accordingly.

We find the allocation of fault by the jury was erroneous when considering the...

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