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SHIPP v. LANDRY

No. 2013 CA 1673.

147 So.3d 721 (2014)

Darren Keith SHIPP, Individually & in his Capacity as Representative of the Estate of Darren Scott Shipp. v. Wayne Joseph LANDRY & XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 2, 2014.

Attorney(s) appearing for the Case

Myron A. Walker, Jr. , Benjamin H. Bampf , Baton Rouge, LA, for Plaintiff/Appellant, Darren Keith Shipp.

Darrell J. Loup , Baton Rouge, LA, for Defendant/Appellee, State Farm Fire & Casualty Company.

Keith L. Richardson , Baton Rouge, LA, for Defendant/Appellee, Wayne Joseph Landry.

Before WHIPPLE, C.J., WELCH, and CRAIN, JJ.

WHIPPLE, C.J.

This matter is before us on appeal by plaintiff, Darren Keith Shipp, individually, and in his capacity as representative of the Estate of Darren Scott Shipp, from a judgment of the trial court granting a motion for summary judgment filed by defendant, Wayne Joseph Landry, and dismissing plaintiff's claims. For the reasons that follow, we reverse and remand.

FACTUAL BACKGROUND

On August 22, 2011, Darren Scott Shipp ("Shipp") was shot...

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