AMACKER v. KIRBY

No. 7698.

224 So.2d 18 (1969)

Mrs. Lena M. AMACKER, Individually and as Natural Tutrix of, for and on behalf of the Minor, Betty Jo Amacker, Plaintiff-Appellee, v. Edgar W. KIRBY and the Travelers Indemnity Company, Defendants-Appellants.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 2, 1969.


Attorney(s) appearing for the Case

David M. Ellison, Jr., of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, for appellants.

John L. Avant, of Dodd, Hirsch, Barker, Avant & Wall, Baton Rouge, for appellee.

Before LANDRY, SARTAIN and MARCUS, JJ.


SARTAIN, Judge.

This is an action for personal injuries and special damages which resulted from an automobile-bicycle collision. The suit was instituted by the natural tutrix of the minor, Betty Jo Amacker, age 11, who was riding her bicycle at the time of the accident. The defendant, Edgar W. Kirby's vehicle struck the child's bicycle as the latter turned right in front of the vehicle. The trial judge held that the doctrine of last chance was applicable in that Mr...

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