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SMITH v. TRAVELERS INS. CO.

No. 11819.

418 So.2d 689 (1982)

Armantine M. SMITH v. TRAVELERS INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted October 18, 1982.

Attorney(s) appearing for the Case

Theodore A. Mars, Jr., New Orleans, for plaintiff-appellant.

Phelps, Dunbar, Marks, Claverie & Sims, Mark B. Meyers and Jesse R. Adams, Jr., New Orleans, for Arthur Henry Chester, Underwriters at Lloyds of London and excess underwriters, defendant-appellee.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel and Madeleine Fisher, New Orleans, for Travelers Ins. Co. and Jerry Krushin, defendants-appellees.

Before SAMUEL, GARRISON and BAILES, JJ.

SAMUEL, Judge.

This is a tort action for very serious personal injuries sustained by the plaintiff in a one-vehicle automobile accident. The car had entered into a parking area where it stopped and then proceeded to move backward in reverse gear in order to turn around. During that time plaintiff opened the car door to leave the vehicle. Primarily at issue is whether the driver knew, or should have known, plaintiff intended to leave the vehicle and was proceeding...

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