SPREEN v. GIBBS

No. 5641.

292 So.2d 582 (1974)

Harold E. SPREEN, Jr. and Joseph W. Kirsch v. Loyd GIBBS et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 19, 1974.

Writ Granted May 31, 1974.


Attorney(s) appearing for the Case

Robert Moffett, Sanford Krasnoff, Krasnoff, Aurillo & Heath, New Orleans, for plaintiffs-appellees.

Robert L. Livingston, Reuter & Reuter, New Orleans, for defendants-appellants.

Before REDMANN, J., and HUFFT and WICKER, JJ., Pro Tem.


REDMANN, Judge.

Defendants, an employer and two employees who were towing one tractor-truck with another, appeal from a judgment for a guest passenger in a car which rearended the towed truck. (The car driver does not appeal the dismissal of his suit, and "plaintiff" hereafter means the passenger alone.) We reverse.

The collision occurred at about 3:30 a. m. on a two-lane, 35 mph limit roadway. The trial court concluded "there was sufficient light and sufficient...

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