Gunn v. Amica Mutual Insurance Co.

Supreme Court of Louisiana

Gunn v. Amica Mutual Insurance Co.

604 So. 2d 958, 1992 La. LEXIS 2656, 1992 WL 238536

Supreme Court of Louisiana·Decided September 18, 1992·No. No. 92-C-2232·Published

Opinion

In re Amica Mutual Ins. Co.; Hare, Richard E.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA90-1272; Parish of Rapides, Ninth Judicial District Court, Div. “C”, No. 150,451.

Granted. Judgment of the court of appeal remanding the case for a new trial is vacated. Case remanded to the court of appeal to reconsider the jury instruction in view of Simon v. Ford Motor Co., 282 So.2d 126 (La.1973) (on rehearing). In the event the court still find the instruction erroneous, it should decide the case on the basis of the record before it. Gonzales v. Xerox Corp., 320 So.2d 163 (La.1975).

LEMMON, J., concurs.

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In re Amica Mutual Ins. Co.; Hare, Richard E.; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Third Circuit, No. CA90-1272; Parish of Rapides, Ninth Judicial District Court, Div. “C”, No. 150,451.

Granted. Judgment of the court of appeal remanding the case for a new trial is vacated. Case remanded to the court of appeal to reconsider the jury instruction in view of Simon v. Ford Motor Co., 282 So.2d 126 (La.1973) (on rehearing). In the event the court still find the instruction erroneous, it should decide the case on the basis of the record before it. Gonzales v. Xerox Corp., 320 So.2d 163 (La.1975).

LEMMON, J., concurs.

Gunn v. Amica Mutual Insurance Co., 604 So. 2d 958, 1992 La. LEXIS 2656, 1992 WL 238536 (La. 1992).

Pincite

604 So. 2d 958 (Gunn v. Amica Mutual Insurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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