FOR IMMEDIATE NEWS RELEASE
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)
LEMMON, J. :
- 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.
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.
J. - dissents and assigns reasons.
VICTORY, J. -