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DEVILLE v. AETNA INSURANCE COMPANY

No. 1818.

191 So.2d 324 (1966)

Elton DEVILLE, Plaintiff and Appellee, v. AETNA INSURANCE COMPANY, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion October 24, 1966.

Rehearing Denied November 16, 1966.

Writ Refused January 20, 1967.

Attorney(s) appearing for the Case

Hall, Raggio & Farrar, by R. W. Farrar, Jr., Lake Charles, for defendant-appellant.

Nathan A. Cormier & Assoc., by Donald Carmouche, Lake Charles, for plaintiff-appellee.

Before CULPEPPER, TATE and HOOD, JJ.

CULPEPPER, Judge.

The plaintiff, Elton Deville, seeks damages for personal injuries sustained in an automobile accident. The defendant is Aetna Insurance Company, liability insurer of an automobile driven by Dr. Frank A. LaBarbera. A jury awarded plaintiff $17,000. Defendant appealed.

The factual issues are: (1) Was Dr. LaBarbera negligent in backing out of a driveway onto the highway in plaintiff's path? (2) Was the plaintiff guilty of any contributory negligence...

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