Supreme Court of Louisiana, 1984

Cloney v. Smith

Cloney v. Smith
Supreme Court of Louisiana · Decided January 6, 1984 · Marcus
444 So. 2d 608 (Southern Reporter, Second Series)

Cloney v. Smith

Opinion

444 So.2d 608 (1984)

Mary G. CLONEY
v.
Kenneth G. SMITH, Dwight Brawtigam, XYZ Insurance Company and Aetna Insurance Company.

No. 83-C-2497.

Supreme Court of Louisiana.

January 6, 1984.

Denied.

MARCUS, BLANCHE & LEMMON, JJ., would grant the writ. Cloney appears to have been at least contributorily negligent. In any event, penalties and attorney fees should not have been allowed. See Hart v. Allstate Ins. Co., 437 So.2d 823 (La. 1983).

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