Legal Opinion
Morris v. Fleniken
Louisiana Court of Appeal
Decided June 25, 1985No. CA 84 0574PublishedCited by 5 opinions
1Opinion of the Court
COLE, Judge.
This is an appeal from a judgment sustaining the peremptory exception raising the objection of res judicata. The issue presented is whether a suit against a tort-feasor’s insurer is subject to dismissal on the basis of res judicata because the plaintiff executed a compromise and release of the tortfeasor, without any reservation of rights against the insurer.
On April 16, 1982, David M. Morris filed suit for personal injuries against Wilburn Morris Fleniken, II on the basis of an alleged intentional tort. Fleniken answered the suit and filed a third party demand against his…
2Cases cited5 opinions
- Bamber Contractors, Inc. v. Henderson Bros., Inc.Louisiana Court of Appeal · 1977
- Safeco Ins. Co. of America v. PalermoSupreme Court of Louisiana · 1983
- Frazier v. Green Steel Bldg., Inc.Louisiana Court of Appeal · 1982
- Favrot v. FavrotLouisiana Court of Appeal · 1984
- Orgeron v. Loop, Inc.Louisiana Court of Appeal · 1983
3Cited by5 opinions
- Garrison v. James Construction Group, LLCLouisiana Court of Appeal · 2015
- McLean v. SmithLouisiana Court of Appeal · 1991
- Edmond v. GrangerLouisiana Court of Appeal · 1988
- Faulk v. MorvantLouisiana Court of Appeal · 1994
- Garrison v. James Construction Group, LLCLouisiana Court of Appeal · 2015