RODY v. ROSS

No. 64809.

373 So.2d 527 (1979)

Delores RODY, wife of/and Otis C. James, Individually and as Administrators of the Estate of their minor son, Denis A. James v. Thomas ROSS and Allstate Insurance Company.

Supreme Court of Louisiana.

June 15, 1979.


Writ denied.

TATE, J., dissents. Although the thoughtful majority is persuasive, I agree with the dissent in the court of appeal that appellate review should not disturb the trier of facts' overall factual appreciation that the motorist was negligent in travelling blindly at 15-20 MPH (instead of, say, at 5 MPH, a speed permitting an immediate stop) in an area where such conduct could be expected to create undue hazard to small neighborhood children, reasonably expected...

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