Turner v. D'Amico

Supreme Court of Louisiana
Turner v. D'Amico, 691 So. 2d 70 (La. 1997)
1997 La. LEXIS 819; 1997 WL 133429
Victory

Turner v. D'Amico

Opinion of the Court

In re Turner, Sharon; — Plaintiffs); applying for writ of certiorari and/or review; Parish of Pointe Coupee, 18th Judicial District Court, Div. “D”, No. 28,297; to the Court of Appeal, First Circuit, No. CA96-0624.

Granted. The judgment of the court of appeal is vacated and set aside. The case is remanded to the court of appeal to review the determination of liability under the manifest error or clearly wrong standard. If liability is found, then apportionment of fault should be determined by review de novo. See Boudreaux v. Farmer, 604 So.2d 641 (La.App. 1st Cir. 1992); writ denied, 605 So.2d 1373, 1374.

VICTORY, J., not on panel.

Reference

Full Case Name
Sharon TURNER, Individually and as Administrator of the Estate of Her Minor Child, Reginald Turner v. Linda D'AMICO, Louisiana Farm Bureau Casualty Insurance Company and Pointe Coupee Parish School Board
Cited By
2 cases
Status
Published