SILVA v. ALLEN

No. 4703.

256 So.2d 447 (1972)

Beverly SILVA v. George W. ALLEN et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 10, 1972.


Attorney(s) appearing for the Case

Schaff & Currier, Val A. Schaff, III, New Orleans, for plaintiff-appellant.

Aubrey E. Pate, New Orleans, for George W. Allen, defendant-appellee.

Bryan, Caraway & Schaefer, E. Gordon Schaefer, Jr., New Orleans, for Olympic Ins. Co., defendant-appellee.

Porteous, Toledano, Hainkel & Johnson, Ben C. Toledano, New Orleans, for State Farm Mutual Automobile Ins. Co., defendant-appellee.

Hammett, Leake & Hammett, Robert E. Leake, Jr., New Orleans, for Government Employees Ins. Co., defendant-appellee.

Before REGAN, STOULIG and BOUTALL, JJ.


REGAN, Judge.

Plaintiff, Beverly Silva, individually and as natural tutrix of her two minor children, filed this suit to recover damages for the wrongful death of her husband. Louis Silva was struck and killed by an automobile as he and Donald Bergens1 were standing in the right traffic lane near the shoulder of U. S. Highway 90, endeavoring to pour gasoline into the tank of their station wagon. Plaintiff asserted that the proximate cause...

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