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BERGENS v. ALLEN

No. 4704.

256 So.2d 456 (1972)

Donald G. BERGENS 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 Leake, Jr., New Orleans, for Government Employees Ins. Co., defendant-appellee.

Before REGAN, STOULIG and BOUTALL, JJ.

REGAN, Judge.

Plaintiff, Donald G. Bergens, filed this suit to recover damages for personal injuries he incurred, when he was struck by a vehicle as he and Louis Silva 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 of the accident was the negligence of the defendant driver, in, inter alia, failing to see the victim in order...

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