KERN v. JEFFERSON INSURANCE COMPANY OF NEW YORK

No. 5803.

285 So.2d 580 (1973)

Joseph KERN, Jr. v. JEFFERSON INSURANCE COMPANY OF NEW YORK.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 10, 1973.


Attorney(s) appearing for the Case

James O. Manning, Metairie, for plaintiff-appellee.

Porteous, Toledano, Hainkel & Johnson, James L. Donovan, New Orleans, for defendant-appellant.

Before LEMMON, J., and FLEMING and WICKER, JJ., Pro Tem.


LEMMON, Judge.

Jefferson Insurance Company has appealed from a judgment awarding plaintiff damages for injuries sustained when he was struck by a motorcycle operated by Ulysses J. Rodney, Jr., a minor insured under his father's policy with Jefferson. The principal issue on appeal is whether plaintiff's recovery is barred by his contributory negligence.

Plaintiff, then 21 years old, worked with Rodney at a local hospital. On the evening of the accident the...

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