STATE FARM, ETC. v. SOUTH CENT. BELL TEL.

No. 9285.

359 So.2d 1318 (1978)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Anthony Balestra v. SOUTH CENTRAL BELL TELEPHONE COMPANY and James A. Dendy.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1978.


Attorney(s) appearing for the Case

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, James Ryan, III, New Orleans, for plaintiffs-appellees.

Ogden & Ogden, Timothy L. McCune, New Orleans, for defendants-appellants.

Before REDMANN, LEMMON and BOUTALL, JJ.


LEMMON, Judge.

This case seeks recovery of damage to a car which veered off the highway to avoid striking defendant's parked tractor-trailer unit and ran into a manhole on the shoulder. After trial on the merits the trial court rendered judgment in favor of plaintiffs, the owner of the car and his subrogated collision insurer. The principal issue is whether defendant's employee's conduct in parking on the highway was a concurrent legal cause of the accident.

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