1. Home
  2. Browse Decisions
  3. So.2d
  4. 405 So.2d
  5. 405 So.2d 1102 (1981)
 

OLIVER v. CAPITANO

No. 11868.

405 So.2d 1102 (1981)

Joan Oliver, wife of/and Donald OLIVER v. Sam P. CAPITANO, John Doe & ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing October 5, 1981.

Writs Denied December 4, 1981.

Attorney(s) appearing for the Case

Turner & Young, Emile L. Turner, Jr., George P. Hebbler, Jr., New Orleans, for plaintiffs-appellants.

Burton G. Klein, Klein & Klein, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, James Ryan, III, Leonard W. Martin, Paul S. Hughes, New Orleans, for defendant-appellee.

Before REDMANN, BARRY and KLIEBERT, JJ.

REDMANN, Judge.

Does an insane person's failure to respond reasonably self-protectively towards a dump-truck's presence in her vicinity constitute contributory negligence barring her recovery of damages resulting from the dump-truck driver's backing over her without looking? We answer no, reversing a judgment on jury verdict to the contrary. Our view is that the very purpose of obliging a truck driver to look and to see (in addition to sounding a warning) as he or...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases