PINKNEY v. MILLER

No. CA-0598.

439 So.2d 1113 (1983)

Carolyn PINKNEY, Individually and on behalf of her Deceased Husband, James Pinkney v. Alfred MILLER and New Orleans Public Service, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied January 16, 1984.


Attorney(s) appearing for the Case

Barry J. Sallinger, Kernan A. Hand, New Orleans, for plaintiff-appellee.

C.B. Ogden, II, James Maher, III, New Orleans, for defendants-appellants.

Before REDMANN, SCHOTT, BARRY, CIACCIO and WARD, JJ.


BARRY, Judge.

Plaintiff's husband was shot and killed by another passenger on a bus owned by the defendant, New Orleans Public Service, Inc. (NOPSI). The trial court found that, at the time the assailant boarded the bus, its driver had sufficient reason to anticipate the criminal attack and failed to prevent it. NOPSI appeals urging that the wrong standard of care was applied to its alleged negligence.

This senseless incident is described in the trial court...

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