PAYNE v. STATE FARM MUTUAL AUTOMOBILE INS. CO.

No. 6246.

299 So.2d 532 (1974)

Jeanne PAYNE, Individually and on behalf of her minor son, Glenn C. Payne v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 10, 1974.

Writ Refused November 8, 1974.


Attorney(s) appearing for the Case

Badeaux, Discon & Cumberland, J. Michael Cumberland, New Orleans, for Jeanne Payne, plaintiff-appellant.

Montgomery, Barnett, Brown & Read, Harold B. Carter, Jr., New Orleans, for Housing Authority of New Orleans and U. S. Fidelity and Guaranty Co., defendants-appellees.

Porteous, Toledano, Hainkel & Johnson, Ben C. Toledano, New Orleans, for Eric Fobbs and State Farm Mut. Automobile Ins. Co., defendants-appellees.

Before REDMANN and GULOTTA, JJ., and MARCEL, J. Pro Tem.


GULOTTA, Judge.

This is an appeal from the dismissal of an action for personal injuries sustained by plaintiff's minor son, Glenn C. Payne, when he was struck by an automobile driven by Eric Fobbs. Jeanne Payne and the injured six year old minor are tenants in the St. Thomas Housing Project operated by Housing Authority of New Orleans (hereinafter referred to as HANO).

The undisputed facts are that on April 10, 1971, Glenn Payne and a young friend were playing...

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