Guillory flashed his high-beams back at Ms. Guillory did not understand the warning and continued driving at the 55 mph speed limit. Bordelon began flashing her high-beam lights to alert him to the cows in the roadway. Guillory approached from the opposite direction, Ms. She called to notify the Sheriff’s Department of their presence and then continued to follow behind the cows to alert oncoming drivers. Bordelon had come upon the cows while driving home and slowed to follow behind them. The collision occurred at night and this portion of the highway was not lit, making the cows difficult to see. The cows were dark brown in color and had wandered into the roadway from the McCabe’s property. It is undisputed that the cows belonged to John and Nancy McCabe and had inexplicably escaped from their fenced-in pasture. Guillory’s vehicle collided with a vehicle driven by Nicole Bordelon, who was following the cows while traveling in the opposite direction. Guillory was driving a vehicle owned by the City of Alexandria, his employer, and was in the course and scope of employment. FACTS AND PROCEDURAL HISTORY On February 14, 2012, Steven Guillory collided with three cows on LA Highway 1, a designated closed-range highway under the stock-law statutes. ISSUE We shall consider: (1) whether the trial court erred in granting summary judgment, resulting in the dismissal of defendants Stephen Guillory and the City of Alexandria, and (2) whether a judgment rendered against defendants John and Nancy McCabe should be reduced in accordance with the potential comparative fault of defendants Stephen Guillory and the City of Alexandria, even after being dismissed by summary judgment. Reasoning that the liability of livestock owners under the stock-laws does not also preclude finding third-party liability under the comparative fault regime, we affirm the trial court’s grant of partial summary judgment, but conclude the McCabes are entitled to a reduction in any judgment rendered against them for the comparative fault, if any, of Mr. Guillory and his comparative fault in bringing about the injury to Ms. The remaining defendants, John and Nancy McCabe, the owners of the livestock, appealed, arguing that genuine issues of material fact exist as to the negligence of Mr. Guillory collided with livestock roaming on a closed-range highway and then with another vehicle, driven by plaintiff, Ms. In this dispute following a vehicular collision, the trial court dismissed two defendants, Steven Guillory, defendant driver, and his employer, City of Alexandria, pursuant to granting their motion for summary judgment. Box 129 Marksville, LA 71351 Telephone: (318) 253-0900 COUNSEL FOR: Intervenor/Appellee – Brian M. Washington Street – Suite A Marksville, LA 71351 Telephone: (318) 777-7777 COUNSEL FOR: Plaintiffs/Appellees – Nicole Bordelon and Kenny Bordelon Emily G. Misty Shannon Antoon 600 DeSoto Street Alexandria, LA 71301 Telepohone: (318) 448-8111 COUNSEL FOR: Defendants/Appellees – City of Alexandria and Stephan Guillory Derrick G. deLaup, APLC 2701 Metairie Road Metairie, LA 70001 Telephone: (504) 828-2277 COUNSEL FOR: Defendants/Appellants – John McCabe and Nancy McCabe Terry George Aubin 3600 Jackson Street – Suite 107 Alexandria, LA 71303 Telephone: (318) 561-7000 COUNSEL FOR: Defendant/Appellee – Stephan Guillory James Everet Brouillette 3330 Lake Villa Drive – Suite 202 Metairie, LA 70002 Telephone: (504) 378-0256 COUNSEL FOR: Plaintiff/Appellee – State Farm Mutual Automobile Insurance Co. Mickey Stephens deLaup Thomas Paul Anzelmo, Jr. Saunders, and Billy Howard Ezell, Judges. 246,039 C/W 246,564 HONORABLE THOMAS MARTIN YEAGER, DISTRICT JUDGE ********** ULYSSES GENE THIBODEAUX CHIEF JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. Programable Open or Closed Positioning After UseĤ00 NIT LED Brightness Bluetooth V2.STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 14-501 consolidated with 14-502 STATE FARM MUTUAL AUTOMOBILE INS. Playback from DVDR/RW, CDR/RW, & 32GB SD Card or USB Flash Drive of MP3, MP4, & DivXĭual Zone for Rear Seat or Overhead Entertainment ~ Click Here to Get Soundstream VIR-7832Bi Bluetooth Enabled 1-DIN In-Dash DVD Receiver with 7 Touchscreen and USBSD Inputs w Remote and Ipod cable + Free Super Save Shipping ~
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