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WHITE v. NICOSIA

No. 8419.

351 So.2d 234 (1977)

Diane WHITE et al. v. Kim R. NICOSIA.

Court of Appeal of Louisiana, Fourth Circuit.

October 12, 1977.

Attorney(s) appearing for the Case

Andry & Andry, Edwin R. Pillault, Jr., New Orleans, for plaintiff-appellant.

Friedman, Ortiz & Selenberg, Carl J. Selenberg, New Orleans, for defendant-appellee.

Before SAMUEL, LEMMON and BEER, JJ.

LEMMON, Judge.

This is a suit by Mrs. Diane White to recover damages for the injuries sustained by her son, Austin Givens, in a motorcycle-pedestrian accident. The trial court dismissed the suit on the basis of the seven-year old boy's contributory negligence. Mrs. White appealed, arguing that a child of that age under our jurisprudence is absolutely incapable of contributory negligence.

The daytime accident occurred when Austin and an older companion attempted...

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