J.W. McLAIN v. CADDO PARISH SCHOOL BD.

No. 23,496-CA.

599 So.2d 878 (1992)

J.W. McLAIN, et al., Plaintiffs-Appellees, v. CADDO PARISH SCHOOL BOARD, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 18, 1992.


Attorney(s) appearing for the Case

Bodenheimer, Jones, Klotz & Simmons, by Norman Lafargue, Shreveport, for defendants-appellants.

Roland V. McKneely, Jr., Bossier City, Rountree, Cox & Guin, Shreveport, for plaintiffs-appellees.

Before MARVIN, LINDSAY, HIGHTOWER, VICTORY and BROWN, JJ.


VICTORY, Judge.

This appeal presents the issue of whether a portion of plaintiffs' attorney fees may be assessed against an insurer, who after making medical payments to the plaintiffs, intervenes in their tort action against the tort-feasor to recoup the payments made. The trial judge assessed a portion of the plaintiffs' attorney fees to the insurer. We reverse.

FACTS

On April 11, 1988, J.W. McLain and his mother, Bernice Harper McLain, were injured...

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