FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 119

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 14th day of November, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

BY LEMMON, J. :

95-C - 2895 DIANNA M. THERIOT, INDIVIDUALLY AND ON BEHALF OF HER MINOR DAUGHTER, GINA M. THERIOT v. MIDLAND RISK INSURANCE COMPANY, ET AL (Parish of Calcasieu)

For these reasons, the judgment of the court of appeal is amended to vacate the award of $3,000 as damages and to reduce the total award under La. Rev. Stat. 22:1220 to $3,000. As amended, the judgment is affirmed.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, 3. Panel included Chief Justice Calogero, and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

MARCUS, J. - dissents and assigns reasons.

VICTORY, J. - dissents.