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Miller v. Tauzin

Court of Appeals of Louisiana, First Circuit

June 5, 2015

NANCY MILLER, WIFE OF AND ZACHARY MILLER
v.
BRENT MICHAEL TAUZIN, MONICA M. TAUZIN, AND ALLSTATE INSURANCE COMPANY

Appealed from the Seventeenth Judicial District Court, In and for the Parish of Lafourche, Louisiana. Docket Number 123083. Honorable Walter I. Lanier, III, Judge Presiding.

AFFIRMED.

Matthew W. Pryor, Katie E. Gravois, Gonzales, LA, Counsel for Plaintiffs/Appellants, Nancy Miller and Zachary Miller.

James L. Donovan, Jr., P. M. Donovan, James F. Ryan, Metairie, LA, Counsel for Defendant/Appellee, Monica M. Tauzin.

Brian L. Reboul, Metairie, LA, Counsel for Defendant/Appellee, ASI Lloyds.

BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

OPINION

Page 1176

[2014 1701 La.App. 1 Cir. 2] WHIPPLE, C.J.

This is an appeal by plaintiffs, Nancy Miller and Zachary Miller, from a judgment of the trial court, granting defendant, Monica Tauzin's, motion for summary judgment and dismissing plaintiffs' claims against her with prejudice. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On July 8, 2012, at approximately 12:05 a.m., Ethan Miller was riding his bicycle along Louisiana Highway 308 in Lafourche Parish, on his way home from his job, when he was struck by an automobile driven by Brent Tauzin, resulting in Ethan's untimely death.

Brent Tauzin's actions leading up to this tragic accident are undisputed. On July 7, 2012, Brent Tauzin and his wife, Monica Tauzin, went boating on a friend's boat on Lake Verret. Brent was drinking throughout the day, until he and his wife returned to their home at approximately 11:00 p.m. After his wife drove them home, Brent told her that he was going to get something to eat. Monica Tauzin asked Brent not to drive and told him that she would bring him to get something to eat after she took a bath. While she was bathing, Brent took the keys to their automobile from the kitchen counter and left the house to go to Burger King. On his

Page 1177

way to Burger King, Brent was involved in the subject accident ...


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