BABIN v. CASBY

No. 4383.

247 So.2d 226 (1971)

George L. BABIN, Individually and as Administrator of the Estate of his minor child George L. Babin, Jr. v. William CASBY, Jr., Universal Life Insurance Company, and New York Fire & Marine Underwriters, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 10, 1971.

Writ Refused June 21, 1971.


Attorney(s) appearing for the Case

Greenberg & Cohen, Nathan Greenberg, Gretna, for plaintiff-appellant.

Schaefer & Cocke, Alexander C. Cocke, Jr., New Orleans, for William Casby, Jr., and New York Fire & Marine Underwriters, Inc.

Schoemann, Gomes & Ducote, Monte J. Ducote, New Orleans, for Universal Life Ins. Co.

Before LEMMON, TAYLOR and STOULIG, JJ.


TAYLOR, Judge.

Petitioner's son, George L. Babin, Jr., age 16, was injured in an automobile accident on March 29, 1967. Babin, Jr., riding his bicycle was attempting to cross the service road adjacent to the West Bank Expressway. He emerged from a place of safety, i. e. a pedestrian crosswalk which spans a drainage ditch, and began to cross the roadway. Although the service road accommodates two lanes of traffic—one...

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