MOUTON v. VANGUARD INSURANCE COMPANY

No. 4495.

293 So.2d 604 (1974)

Alfred MOUTON, Jr., Plaintiff and Appellee, v. VANGUARD INSURANCE COMPANY et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 14, 1974.


Attorney(s) appearing for the Case

Plauche, Smith & Hebert by Reid K. Hebert, Lake Charles, for defendant-appellant.

Reuvan N. Rougeau, Lake Charles, for plaintiff-appellee.

Before HOOD, CULPEPPER and WATSON, JJ.


CULPEPPER, Judge.

Plaintiff seeks damages for personal injuries sustained when he stepped on a beer can and fell at the swimming pool of an apartment complex owned by defendant, Calcasieu Savings & Loan Association. A jury awarded plaintiff $4,274.20. Defendant appealed.

The decisive issue is whether plaintiff was contributorily negligent in failing to see the beer can.

The facts are that plaintiff and a friend, Dean Hinton, who were teenagers...

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