Fidelity and Casualty Co. v. Funel

WISDOM, Circuit Judge: The diversity case, arising under the Louisiana Direct Action Statute,1 concerns an industrial accident which occurred in Cameron, Louisiana, in 1961. The jury returned a verdict in favor of the plaintiff, John Funel, in the amount of $75,900.2 The insurance company appeals, urging among other grounds that the trial court should have upheld its plea of prescription and that the court erred in admitting certain hearsay evidence. These contentions present nice questions of law, but we do not reach them. We reverse because there was no evidence of the defendant's negligence.