Frankie Davis, Wife of/and Clarence E. Davis, and Tommy and Kathrine Davis, as Administrator and Administratrix of the Estates of the Minor Children, Della Louise Davis and Cathie Lee Davis VS Jessica M. Shepard, Allstate Insurance Company, and The State of Louisiana Through the Department of Public Safety and Corrections
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FRANKIE DAVIS, CLARENCE AND E. WIFE DAVIS; KATHRINE OF / AND AND DAVIS, ADMINISTRATOR 2016 NO. CW 1306 TOMMY AS AND ADMINISTRATRIX OF ESTATES MINOR OF THE CHILDREN, AND DELLA CATHIE LEE THE LOUISE DAVIS DAVIS VERSUS JESSICA M. SHEPARD; INSURANCE STATE THE OF In AND LOUISIANA, DEPARTMENT SAFETY ALLSTATE COMPANY; AND OF THE THROUGH PUBLIC OEC 0 5 2016 CORRECTIONS Re: The State Public Safety Parish of WELCH, CRAIN, WRIT St. 22nd the Department of for applying Judicial District Court, 99- 12847. No. Tammany, AND Through Corrections, and writs, supervisory BEFORE: Louisiana of HOLDRIDGE, JJ. DENIED. GH JEW Crain, dissents. J., motion for factual support Trooper See Corp., the appears I 805 the is " the to So. 2d 14 - 0367 ( While Cir. is accustomed 1/ 15/ 02), of It La. events that no 3/ 24/ 05) ( opportunity art. 966H. COURT 180; App. leading to CLERK THE oral FIRST CIRCUIT OF v. COURT argument. slight which and care 386, J., See La. La. Ins. 389 - 90. it disputed, are fault permit and careless 01 - 1522 ( on 04 - 0475 ( Downing, Civ. gross Alternative accident creates others. even So. 3d to the Code effect, Dilley, Shepard, decision) ( request COURT the events able that La. in even 169 be trial s produce safety of is, v. to will at American 15), for briefing, C FOR v. 1/ 8/ to Davis case of Jones the she the Department' was 32: 24D; diligence Lenard Cir. up unpublished OF APPEAL, PUTY 1 of Accord would assign the want that exercise." 175, for R. S. La. disregard the of that proving disregard and want version Trooper. of the burden establish Reckless which diligence. are reckless 966D( 1). art. to to response Davis' s burden 9: 2798. 1C( 2) R. S. negligence, men sufficient evidentiary acted with La. Pro. summary her satisfy In judgment the La. part 1 App. concurring). the Code parties Civ. an Pro.
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