Upchurch v. State ex rel. Louisiana Department of Transportation & Development

BROWN, Chief Judge.

11 This is an action for damages arising out of an automobile accident that left plaintiff, Miriam Stagner Upchurch, a quadriplegic. Ms. Upchurch subsequently died three years later as a result of complications arising from her injuries and her children were substituted as party plaintiffs for their mother’s survival action and their own action for damages for her wrongful death. After years of litigation, all defendants except for Automobile Club Inter-Insurance Exchange, Ms. Up-church’s uninsured motorist (“UM”) insurer, resolved all of plaintiffs’ claims against them and…