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COMEAUX v. DUPUIS

No. 3638.

254 So.2d 687 (1971)

Clara Marie COMEAUX, Individually and as Administrator of the Estate of her minor child, Paula Ann Perron, Plaintiff-Appellant, v. Cloma Marie DUPUIS and State Farm Mutual Automobile Insurance Company, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 14, 1971.

Attorney(s) appearing for the Case

Daniel J. McGee, and Andrew Vidrine, Church Point, for plaintiff-appellant.

McBride & Brewster by Norman P. Foret, Lafayette, for defendants-appellees.

Before SAVOY, HOOD and MILLER, JJ.

MILLER, Judge.

Defendant motorist insured, Cloma Marie Dupuis, struck and killed a 7½ year old pedestrian, Paula Ann Perron, on a residential street in Lafayette on the clear dry day of Saturday, May 10, 1969. The trial judge held that the motorist was negligent, but that her negligence was not a proximate cause of the accident; that "the proximate cause of the accident was the child darting into the street from the house

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