LUCAS v. DOE

No. 10001.

371 So.2d 336 (1979)

Leonard LUCAS v. John DOE et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 11, 1979.


Attorney(s) appearing for the Case

Harry T. Widmann, Daniel J. Caruso, Alford & Caruso, New Orleans, for plaintiff.

Joseph R. McMahon, Jr., Young, McMahon & Levert, New Orleans, for defendants.

Before REDMANN, BOUTALL and SCHOTT, JJ.


REDMANN, Judge.

At 2 a. m. on a Sunday plaintiff's automobile was rear-ended by a truck belonging to defendant American Rent-All, Inc. and perhaps insured by defendant Great American Insurance Company. From a $51,500 judgment for plaintiff on jury verdict, those defendants appeal.

We first agree with Rent-All that a showing of its truck driver's fault does not make it liable when the accident occurred in the middle of the night and Rent-All's business does...

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