David Metzler, David Johnson Win Appeal in Day Care Center Case
Oct 24, 2006 ⋅ Category: GAL
David Metzler successfully argued an appeal before the United States Fifth Circuit Court of Appeals, with briefing by David Johnson. The case arose out of a claim for injuries to a child left in a day care center van on a hot summer day. The firm's client provided general liability insurance for the day care center. The issue was whether the claim was covered by the day care's general liability policy or its automobile insurance policy. The District Court granted summary judgment for the firm's client, and this order was affirmed by the Fifth Circuit, which held that the injuries arose out of the use of an automobile. Lincoln General Insurance Company v. Aisha's Learning Center, ____ F.3d ____, (5th Cir. 2006)(Cause No. 05-10981; Opinion issued October 24, 2006).