PHILLIPS v. EQUITABLE LIFE ASSUR., ETC.

No. 12439.

413 So.2d 696 (1982)

Morris B. PHILLIPS, et al. v. EQUITABLE LIFE ASSURANCE COMPANY OF THE UNITED STATES, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 19, 1982.


Attorney(s) appearing for the Case

Milton E. Brener, Garon, Brener & McNeely, New Orleans, for plaintiffs-appellants.

Robert E. Peyton, Christovich & Kearney, New Orleans, for defendant-appellee.

Wilton E. Bland, III, Hebert & Abbott, New Orleans, for third party defendants-appellants.

Before GULOTTA, BYRNES and WILLIAMS, JJ.


WILLIAMS, Judge.

Plaintiffs-appellants have appealed from a decision of the trial court finding Equitable Life Assurance Society of the United States ["Equitable"] not negligent in the death of Mrs. Shirley F. Phillips. Defendant-appellant Equitable has appealed the trial judge's decision requiring it to indemnify Winn-Dixie of Louisiana, Inc. ["Winn-Dixie"] for the amount Winn-Dixie paid in settlement to the plaintiffs.

FACTS

On April 2, 1979, Mrs...

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