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OUTLAW v. BITUMINOUS INS. CO.

No. 8925.

357 So.2d 1350 (1978)

Homer Gerald OUTLAW et al. v. BITUMINOUS INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 10, 1978.

Writ Refused June 30, 1978.

Attorney(s) appearing for the Case

Charles A. Kronlage, Jr., Kronlage, Dittmann & Caswell, New Orleans, for plaintiffs-appellees.

Harold A. Thomas, Adams & Reese, New Orleans, for defendant-appellant.

Philip S. Brooks, City Atty., Jules A. Fontana, Jr., Deputy City Atty., for third party defendant-appellee.

Before REDMANN, LEMMON and GULOTTA, JJ.

REDMANN, Judge.

Does a mature golfer by driving a golf ball breach a duty towards a nine-year-old golfer who is but slightly (13° to 22°1) to the left of his intended drive line and only 172 feet away, but is aware of and (ignoring whether a nine-year-old legally can consent) has consented to the impending drive (as a golfer allowing another to play through) and has crouched behind his own golf bag for protection from the golf...

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