GLADNEY v. CUTRER

No. 15737-CA.

440 So.2d 938 (1983)

Bertha M. GLADNEY, Individually and as Tutrix of Trellis M. Gladney, Plaintiff-Appellant, v. Jerry C. CUTRER, Jr., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied December 16, 1983.


Attorney(s) appearing for the Case

Leroy H. Scott, Jr., Harold D. Vaught, Shreveport, for plaintiff-appellant.

Lunn, Irion, Switzer, Johnson & Salley by Julie Mobley Lafargue, Shreveport, for defendants-appellees.

Before MARVIN, JASPER E. JONES and SEXTON, JJ.


MARVIN, Judge.

Plaintiff appeals a judgment rejecting her demands in a personal injury action she brought on behalf of her nine-year-old son who drove his bicycle on the highway and into the path of defendant's automobile on February 25, 1979.

Plaintiff contends the trial judge erred in finding defendant was not negligent and that even if her son was contributorily negligent, the principle of Baumgartner v. State Farm Mut. Auto. Ins. Co.,

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