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GLASER v. HARTFORD FIRE INS. CO.

2022 CA 0534 CA 0535.

375 So.3d 479 (2023)

Gerald Wayne GLASER, Individually and as Executor of the Estate of Charles Raymond Glaser, Sr., Trudy Glaser, and Robert Glaser, v. HARTFORD FIRE INSURANCE COMPANY, Steven Ray Cowart, Rail 1, LLC, and State of Louisiana Through the Louisiana Department of Transportation Danna J. Glaser, Individually and as the Executor of the Estate of Charles Raymond Glaser, Sr., Barbara G. Lacombe, and Charles R. Glaser, Jr. v. Hartford Fire Insurance Company, Steven Ray Cowart, Rail 1, LLC, and State of Louisiana Through the Louisiana Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: August 30, 2023.

Attorney(s) appearing for the Case

Julie E. Vaicius , Daniel E. Atkinson, Jr. , Metairie, Louisiana and H. Alston Johnson, III , Kevin W. Welsh , Baton Rouge, Louisiana, Counsel for Appellants Defendants —Steven Ray Cowart; Rail 1, LLC; Hartford Fire Insurance Company; and Hartford Casualty Insurance Company.

Amira A. Makke , Robert M. Marionneaux, Jr. , B. Cade Melancon , Baton Rouge, Louisiana, Counsel for Appellees Plaintiffs—Gerald Wayne Glaser, individually and as Executor of the Estate of Charles Raymond Glaser, Sr.; Trudy Glaser; Robert Glaser; and Karl Glaser.

Donald J. Cazayoux, Jr. , J. Lane Ewing, Jr. , Baton Rouge, Louisiana, Counsel for Appellees Plaintiffs—Danna J. Glaser, individually and as Executor of the Estate of Charles Raymond Glaser, Sr.; Barbara G Lacombe; and Charles R. Glaser, Jr.

Before: Welch, Theriot, Penzato, Lanier, and Greene, JJ.

The defendants—Steven Ray Cowart, Rail 1, LLC ("Rail 1"), Hartford Fire Insurance Company, and Hartford Casualty Insurance Company—challenge the general compensatory damages awarded for survival and wrongful death actions by the trial court pursuant to a jury verdict. The plaintiffs—decedent's seven adult children...

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