Categories: Court Opinions

MALBREW v. FREEMAN, 263 So.2d 443 (1972)

Mary Lee MALBREW et al., Plaintiffs-Appellants v. Samuel FREEMAN et al., Defendants-Appellees.

No. 3883.Court of Appeal of Louisiana, Third Circuit.
June 19, 1972.

Before HOOD, CULPEPPER and MILLER, JJ.

HOOD, Judge.

This is an action for damages instituted by Mary Lee Malbrew, Rosa Lee Freeman and Juanita Viltz, arising out of a motor vehicle collision which occurred in St. Landry Parish on February 23, 1970. Defendants

Page 444

are Samuel Freeman, Opelousas Area Vocational School and Associated Indemnity Corporation. The suit was voluntarily dismissed by plaintiffs Malbrew and Freeman. As to the remaining plaintiff, Juanita Viltz, judgment was rendered by the trial court in favor of defendants. Plaintiff Viltz has appealed.

The present suit is a companion to two other actions which arose out of the same accident, and which have been consolidated for trial and appeal. Separate decrees are being rendered in these consolidated cases today. See Williams v. Freeman et al., La. App., 263 So.2d 441; Charles v. Freeman et al., La. App., 263 So.2d 443.

For the reasons which we assigned in Williams v. Freeman et al., supra, we conclude that defendant Freeman was free from negligence, that defendants are not liable for the damages claimed here and that there was no error in the judgment of the trial court rejecting plaintiff’s demands.

The judgment appealed from is affirmed. The costs of this appeal are assessed to plaintiffs-appellants.

Affirmed.

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