JAMES v. BERKLEY INS. CO.

No. 2016 CA 0140, No. 2016 CA 0141, No. 2016 CA 0142.

206 So.3d 393 (2016)

Shaquana JAMES Individually and Latisha Smith on Behalf of Derek Grant and Ethan Smith And Jeanette Smith-Walls on Behalf of Rodney Smith, Gabrielle Dantzler and Gleanonce Smith, v. BERKLEY INSURANCE COMPANY, Tangipahoa Parish School Board, Superintendent Mark Kolwe and Jasmine M. Weatherspoon. Julia Lucas as Administrator and Natural Tutor Of William Lucas, v. Tangipahoa School System, Ace American Insurance Company, Berkley Insurance Company and Jasmine Weatherspoon. David Richoux, v. Berkley Insurance Company, Tangipahoa Parish School Board, and Jasmine Weatherspoon.

Court of Appeal of Louisiana, First Circuit.

October 28, 2016.


Attorney(s) appearing for the Case

Christopher M. Moody , Albert D. Giraud , Hammond, Louisiana, Attorneys for Defendants/Third-Party Plaintiffs/Appellants, Jasmine M. Weatherspoon, Tangipahoa Parish School Board, and Berkley Insurance Company.

Brian K. Abels , Maryanna B. Haynes , Denham Springs, Louisiana, Attorneys for Plaintiffs/Third-Party Defendants/Appellees, Shaquana James and Financial Indemnity Company.

Jon M. Yeager Hammond , Louisiana, Attorney for Plaintiff/Third-Party Defendant/Appellee Shaquana James.

Gary Boutwell , Ashley Anderson Traylor , Hammond, Louisiana, Attorneys for Plaintiff/Appellee David Richoux.

BEFORE: PETTIGREW, McDONALD, AND DRAKE, JJ.


This is an appeal from a district court summary judgment finding a school bus driver 100 percent at fault for a three-vehicle traffic accident. After a de novo review, we reverse the summary judgment and remand the matter to the district court for further proceedings.

FACTS AND PROCEDURAL HISTORY

The accident...

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