Opinion
No. 8886.
October 30, 1958. On Rehearing February 2, 1959.
Appeal from Twenty-Sixth Judicial District Court, Parish of Webster; James E. Bolin, Judge.
Theus, Grisham, Davis Leigh, Monroe, Campbell Campbell, Minden, for appellants.
Jackson Reynolds, Homer, for appellees.
This is a companion suit to Harvey v. Great American Indemnity Company, La.App., 110 So.2d 595. The two cases were consolidated for purposes of trial forasmuch as they involve the same automobile accident and the same defendants. All factual and legal issues pertinent to this case are discussed in Harvey v. Great American Indemnity Company, supra, and our findings therein are equally applicable to the instant case.
For the reasons therein assigned, it is ordered, adjudged and decreed the judgment from which appealed in favor of Elmer White, and his wife, Dorothy White, against L.M. Winford and his liability insurer, the Travelers Insurance Company, be and the same is hereby annulled, reversed and set aside, and it is now ordered there be judgment in favor of L.M. Winford and Travelers Insurance Company, rejecting the demands of plaintiffs at their costs.
It is further ordered, adjudged and decreed the judgment in favor of Dorothy White and against the defendants, other than L.M. Winford and the Travelers Insurance Company, be and the same is hereby amended by reducing the award in favor of Dorothy White from $4,000 to $2,500. The cost of this appeal is equally divided between plaintiffs and defendants, other than L.M. Winford and Travelers Insurance Company. As so amended the judgment is affirmed in all other respects.
HARDY, J., dissents from that portion of the decree reducing the award in favor of plaintiff, Dorothy White.
On Rehearing.
For the reasons assigned in the original opinion and the opinion on rehearing in Harvey v. Great American Indemnity Company, La.App., 110 So.2d 595, the judgment appealed will be and it is hereby amended, in part, and affirmed, and reversed, in part, and recast to read as follows:
It is, therefore, ordered, adjudged and decreed there be judgment in favor of plaintiffs, Dorothy White and Elmer White, against the defendants, Great American Indemnity Company, Fred E. Ford, T.B. McDuff, J.E. Godfrey, and the partnership of McDuff Godfrey composed of the aforesaid T.B. McDuff and J.E. Godfrey, in solido, for the following sums and amounts towit:
(a) in favor of plaintiff, Dorothy White, $4,000;
(b) in favor of plaintiff, Elmer White, $689.89,
together with five percent per annum interest on each of said amounts from judicial demand until paid;
That the fees of the following doctors who testified on behalf of plaintiffs as expert medical witnesses be and the same are hereby fixed as follows:
(a) Dr. D.F. Overdyke, Jr., $50
(b) Dr. James F. Gladney, $50 and taxed as costs;
That the above named defendants pay all costs, including the cost of this appeal.
That the judgment, so far as in favor of plaintiffs, Dorothy White and Elmer White, and against the defendants, L.M. Winford and the Travelers Insurance Company, be and the same is hereby annulled, avoided, reversed and set aside, and it is now ordered, adjudged and decreed that plaintiffs' demands as to these two defendants be and the same are hereby rejected.
Amended, in part, and affirmed, and reversed, in part.
GLADNEY, J., concurs with the exception that he adheres to his views as expressed in the original opinion on the question of quantum.