Opinion
No. 13808.
February 11, 1981. On Denial of Rehearing March 23, 1981.
APPEAL FROM TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON, STATE OF LOUISIANA, HONORABLE GORDON E. CAUSEY, J.
William J. Staser, Baton Rouge and Haydn S. Berey, Livingston, for plaintiff.
Gerald L. Walter, Jr., Baton Rouge, for Southwestern Ins.
John Bivins, Lafayette, for appellants.
James B. Doyle, Baton Rouge, for Lafayette Concrete.
John W. King and Wm. J. Doran, Baton Rouge, for Dept. of Transp. and Development.
Before COVINGTON, CHIASSON and LEAR, JJ.
ON REHEARING
We granted a rehearing on briefs previously filed, to reconsider that portion of our original decree, 398 So.2d 590, which amended the judgment appealed by reducing each award by one-half.
We were in error. The settlement agreement was with defendant Southwestern Insurance Company in its capacity as the uninsured motorist carrier of the deceased tort victim, Howard Leo Sibley, Sr. The insurer is thus not a joint tortfeasor and the compromise settlement between plaintiffs and Southwestern, with reservation of right against the others cast in judgment, does not prejudice the right of the co-tortfeasor, State of Louisiana, to seek contribution against its co-tortfeasors Randy L. Menard and Wills Trucking Company, Inc.
Therefore, the judgment of the trial judge is affirmed.
AFFIRMED.