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BREAUX v. GOODYEAR TIRE & RUBBER CO.

NO. 2020-CA-0477.

320 So.3d 1197 (2021)

Irene Marie BREAUX, Individually, and on Behalf of Her Minor Children, Tabitha Caroline Breaux and Elwood James Breaux, III, Candace Mary Breaux, Brandon Breaux, Ericka Breaux and Jamie Breaux v. The GOODYEAR TIRE & RUBBER COMPANY, John Doe, and Nathan C.

Court of Appeal of Louisiana, Fourth Circuit.

May 12, 2021.

Attorney(s) appearing for the Case

S. DANIEL MEEKS , KRISTEN E. MEEKS , MEEKS & ASSOCIATES, LLC, 3401 West Esplanade Avenue South, Suite 3, Metairie, Louisiana 70002, -and- BRUCE R. KASTER , SKIP L. LYNCH , KASTER, LYNCH, FARRAR & BALL, LLP, 125 N.E. First Avenue, Suite 3, Ocala, Florida 344070, COUNSEL FOR PLAINTIFFS/APPELLEES.

MARTIN A. STERN , SARA C. VALENTINE , ALEXANDRA ROSELLI LAMB , ADAMS & REESE, LLP, 701 Poydras Avenue, Suite 4500, New Orleans, Louisiana 70139, -and- CHARLES L. CHASSAIGNAC, IV , EMILY MORRISON , PORTEOUS, HAINKEL & JOHNSON, LLP, 343 Third Street, Suite 202, Baton Rouge, Louisiana 70801, -and- DAVID R. TIPPETS (pro hac vice), THAD K. JENKS (pro hac vice), WEINSTEIN TIPPETS & LITTLE, LLP, 7500 San Filpe Street, Suite 500, Houston, Texas 77063, COUNSEL FOR DEFENDANT/APPELLANT.

JAMES D. HOLLIER , JASON T. REED , 1001 W. Pinhook Road, Suite 200, Lafayette, Louisiana 70503, COUNSEL FOR THE PLAQUEMINES PARISH GOVERNMENT/INTERVENOR.

(Court composed of Chief Judge James F. McKay III, Judge Daniel L. Dysart, Judge Dale N. Atkins).

On February 5, 2014, Elwood Breaux, Jr., an employee of the Plaquemines Parish Government (PPG), who worked as an automated garbage truck driver at Solid Waste North, sustained fatal injuries during the course and scope of his employment when he and a co-worker were putting air into a Goodyear G182 RSD tire when...

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