Opinion
No. 8434.
November 10, 1981.
Appeal from 31st Judicial District Court, Parish of Jefferson Davis; Walter C. Peters, Judge.
Brame, Bergstedt Brame, Joe A. Brame, Lake Charles, for defendants-appellants.
Raggio, Cappel, Chozen Berniard, Richard A. Chozen, Lake Charles, for defendant-appellee.
Scofield, Bergstedt Gerard, J. Michael Veron, Lake Charles, for plaintiffs-appellees.
Plauche, Smith, Hebert Nieset, Jeffrey M. Cole, Lake Charles, for plaintiffs-appellee.
Romero Romero, Clarence E. Romero, Welsh, for plaintiff-appellee.
Before CULPEPPER, CUTRER and LABORDE, JJ.
For the reasons assigned in the decision this date rendered by us in the companion case of Kalmn, Inc. v. Empiregas Corporation, et al., 406 So.2d 276, the judgment appealed in the present case is reversed and set aside insofar as it relieves the third party defendant, Anchor Gasoline Corporation, of liability. Judgment is now rendered in favor of third party plaintiffs and against third party defendant, Anchor Gasoline Corporation, in the amount of one-half of the damages awarded plaintiffs by the trial court in the principal action herein. In all other respects, the judgment appealed is affirmed. Costs of both the trial and appellate courts are assessed equally against defendants-appellants and third party defendant-appellee.
AFFIRMED IN PART, REVERSED IN PART.