Marullo v. Rooney

REDMANN, Judge.

Defendants, the driver and the insurer of one automobile which struck another’s rear, appeal from a judgment in favor of plaintiffs, the other car’s driver and passenger, for damages resulting from the collision.

We annul as to defendant driver, who was neither cited nor waived citation, C. C.P. art. 1201. We affirm as to the defendant insurer.

The purpose of defendant insurer’s appeal is to obtain a reduction in the $900 pain and suffering award to each plaintiff on the ground that plaintiffs would not submit to a physical examination by defendant’s orthopedist prior to their…