Legal Opinion

Upchurch v. State, ex rel. Louisiana Department of Transportation

Louisiana Court of Appeal

Decided January 5, 2011No. 45,761-CAPublishedCited by 2 opinions

1Opinion of the CourtStewart, J.

[aPIaintiffs, Miriam Stagner Upchurch, Amanda Upchurch Caporossi, and John David Upchurch, and Defendant, Austin Bridge and Road Co., are appealing a motion for summary judgment rendered in favor of Protection Services, Inc. (“PSI”). The judgment dismissed with prejudice PSI and its insurers, Travelers Property Casualty Company of America (“Travelers”) and American Guarantee & Liability Insurance Company (“American Guarantee”). For the reasons stated herein, the trial court’s judgment granting PSI and its insurers’ motion for summary judgment is reversed.

FACTS

On April 18, 2006, Miriam Stagner…

2Cases cited5 opinions

  1. Duncan v. USAA Ins. Co.Supreme Court of Louisiana · 2007
  2. Jones v. Estate of SantiagoSupreme Court of Louisiana · 2004
  3. Hale v. Aetna Casualty & Surety Co.Louisiana Court of Appeal · 1973
  4. Pruitt v. NaleLouisiana Court of Appeal · 2010
  5. Dowden v. Mid State Sand & Gravel Co.Louisiana Court of Appeal · 1995

3Cited by2 opinions

  1. Elite Coil Tubing Solutions, LLC v. GuilloryLouisiana Court of Appeal · 2012
  2. Rosemary Grimsley v. Liberty Mutual Insurance Company, James Construction Group, LLC, and State of LouisianaLouisiana Court of Appeal · 2019

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