Thomas Gray, Jr. v. Zurich American Insurance Co.

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 20, 2018
• Docket: 18-60046
• Status: Unpublished

Opinion

Case: 18-60046 Document: 00514564135 Page: 1 Date Filed: 07/20/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-60046 FILED Summary Calendar July 20, 2018 Lyle W. Cayce Clerk THOMAS E. GRAY, JR.,

Plaintiff - Appellant v.

ZURICH AMERICAN INSURANCE COMPANY,

Defendant - Appellee

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:17-CV-34

Before REAVLEY, GRAVES, and HO, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the reasons given by that court. Appellant insists that the Mississippi Supreme Court opinion in Allen v. Banks, 384 So. 2d 63 (1980) supports intoxication as the negligence of liability, but that opinion makes it clear that causation is a different matter. The gap in the appellant’s case here is that no evidence would support a proximate cause of causation for this case’s path. AFFIRMED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.