JETER v. MARSE

No. 83-1114.

460 So.2d 711 (1984)

Norma Smith JETER, et al., Plaintiffs-Appellants, v. Michael J. MARSE, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied February 8, 1985.


Attorney(s) appearing for the Case

Thomas R. Willson, Alexandria, for plaintiff-appellant-appellee.

Brittain & Williams, Joseph Payne Williams, Natchitoches, for defendant-appellee-appellant.

Fine, Waltzer & Bagneris, Thomas M. DeRose, New Orleans, for defendant-appellee.

Before DOUCET, LABORDE and YELVERTON, JJ.


YELVERTON, Judge.

The widow and heirs of L.T. Jeter, a pedestrian killed in the early morning hours of August 1, 1981, on a dark, rural highway, appeal a trial court decision finding that Phyllis Marse, defendant, driver of a pickup truck that struck and killed Jeter, was not negligent. Finding no clear error in this factual determination by the trial court, we affirm.

The trial court made the following findings of fact:

"At approximately 11:30 P...

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