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Legal Opinion

Gutierrez v. State Farm Fire & Casualty Insurance Co.

Louisiana Court of Appeal

Decided October 30, 2013No. 13-CA-341PublishedCited by 23 opinions

1Opinion of the Court

SUSAN M. CHEHARDY, Chief Judge.

|2This is a wrongful death and survival action that was dismissed by summary judgment. The plaintiff appeals. We vacate and remand.

FACTS AND PROCEDURAL HISTORY

Dylan Carey Gutierrez is the son of Barbara Viola Fouchi from her first marriage.1 On February 20, 2009, Barbara Fouchi was shot and killed by her husband, Dana Ray Fouchi. Dana Fouchi then shot and killed himself. These events occurred in Dana Fouehi’s home at 2504 Danny Park in Metairie, Louisiana.

Dylan Gutierrez filed suit against State Farm Fire and Casualty Company, which provided homeowners insurance…

2Cases cited2 opinions

  1. Schroeder v. Board of Sup'rsSupreme Court of Louisiana · 1991
  2. Marengo v. HardingLouisiana Court of Appeal · 2013

3Cited by23 opinions

  1. Succession of Hickman v. State Board of Supervisors of Louisiana State University Agricultural & Mechanical CollegeLouisiana Court of Appeal · 2017
  2. Richthofen v. MedinaLouisiana Court of Appeal · 2014
  3. Scott v. Dillard's, Inc.Louisiana Court of Appeal · 2015
  4. Pertuit v. Jefferson Parish Hospital Service District No. 2Louisiana Court of Appeal · 2015
  5. Tramuta v. Lakeside Plaza, L.L.C.Louisiana Court of Appeal · 2015

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