JACOB v. LABORDE

No. 5396.

280 So.2d 621 (1973)

Malcolm A. JACOB v. Stephen A. LABORDE.

Court of Appeal of Louisiana, Fourth Circuit.

July 3, 1973.


Attorney(s) appearing for the Case

Post & Blaize, Daniel A. Post, Metairie, for plaintiff-appellee.

Richard P. Massony, Metairie, for defendant-appellant.

Before STOULIG, SCHOTT and BAILES, JJ.


STOULIG, Judge.

Plaintiff was awarded $1,200 damages for injuries to his mouth sustained as the result of a battery. Defendant has appealed, urging plaintiff failed to prove his case, and alternatively, that plaintiff provoked the incident. In the event we affirm on liability, defendant seeks a reduction of quantum.

To prevail in an action grounded on a battery, plaintiff must prove its occurrence and that his own actions immediately preceding it did not constitute...

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