CARTER v. CITY PARISH GOVERNMENT, ETC.

No. 82-C-0594.

423 So.2d 1080 (1982)

Naomi CARTER and William E. Carter v. The CITY PARISH GOVERNMENT OF EAST BATON ROUGE, et al.

Supreme Court of Louisiana.

Rehearing Denied December 17, 1982.


Attorney(s) appearing for the Case

Rhett R. Ryland, Baton Rouge, for applicants.

Owen M. Goudelocke, Mengis, Durant & Carpenter, Anthony J. Clesi, Lane & Clesi, Frank J. Gremillion, John T. Bennett, Baton Rouge, for respondents.


DENNIS, Justice.

We granted writs in this case to determine whether an automobile operator's careless act in driving his car into water near a flooded underpass, after ignoring a barricade closing the highway, was a legal cause of the drowning of his ten year old female passenger, and whether the driver's liability for her death "arises out of the ... use" of the vehicle under the insuring clauses of certain automobile insurance policies. The previous courts rejected...

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