THOMAS v. HARTFORD ACCIDENT & INDEMNITY CO.

No. 15227-CW.

428 So.2d 512 (1983)

Louis E. THOMAS, Plaintiff-Respondent, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

February 9, 1983.


Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Samuel W. Caverlee, Shreveport, for defendant-applicant.

John S. Stephens, Coushatta, for plaintiff-respondent.

Before PRICE, MARVIN and NORRIS, JJ.


MARVIN, Judge.

After a jury trial in this action for personal injury damages, we granted an alternative supervisory writ to determine whether the trial court abused its much discretion in granting a new trial on all issues and in not granting defendant's motion for a judgment dismissing plaintiff's action because the jury, among other things, found that plaintiff had assumed the particular risk out of which the action arose. CCP 1971, 1973.

We reverse the...

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