VAUGHN v. EARTHLY

No. 4987.

313 So.2d 347 (1975)

Bessie Jones, wife of/and Wilbert VAUGHN, Plaintiffs-Appellants, v. Robert EARTHLY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 18, 1975.

Writ Refused September 17, 1975.


Attorney(s) appearing for the Case

Ward-Steinman & Karst by Carl O. Brown, Jr., New Orleans, for plaintiffs-appellants.

Brittain & Williams by Jack O. Brittain, Natchitoches, for defendant-appellee.

Gist, Methvin & Trimble by DeWitt T. Methvin, Jr., Polk, Foote, Randolph, Percy & Ledbetter by Edward G. Randolph, Jr., Alexandria, for defendants-appellees.

Before HOOD, MILLER and WATSON, JJ.


MILLER, Judge.

Plaintiffs Mr. and Mrs. Wilbert Vaughn appeal the judgment dismissing their damage claim for the death of their son John who was five years and ten months old. The trial court held defendants Earthly free of negligence on finding the child darted from an obscured area in front of the Earthly vehicle when the driver could not avoid striking him. We affirm.

The accident occurred at about 10:00 a. m. on the overcast, hazy, dry day of December 2...

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