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PRESTENBACH v. SENTRY INS. CO.

No. 58013.

340 So.2d 1331 (1976)

Clarence and Inez PRESTENBACH, Plaintiffs-Appellees-Relators, v. SENTRY INSURANCE COMPANY, Defendant-Appellant-Respondent.

Supreme Court of Louisiana.

Rehearing Denied January 21, 1977.

Attorney(s) appearing for the Case

William D. Hunter, Dale P. Martin, Lippman, Hunter & Rawls, Morgan City, for plaintiff-applicant.

Daniel R. Atkinson, Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, for defendant-respondent.

TATE, Justice.

The plaintiffs sue to recover for the wrongful death of their son, Michael Prestenbach, age 18. Michael was drowned when the vehicle driven by his friend Blanco, age 19, left the highway and overturned in an adjacent water-filled borrow pit.

The trial court awarded judgment against the defendant, Blanco's liability insurer. The court of appeal reversed, holding that Michael Prestenbach had assumed the risk of Blanco's negligence.

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