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POPE v. CITY OF BATON ROUGE

Nos. 83 CA 0572, 83 CA 0573.

449 So.2d 1070 (1984)

Willie POPE, et al. v. CITY OF BATON ROUGE. Harry O. MILLS, Jr. and Ann C. Mills v. Willie POPE, et al.

Court of Appeal of Louisiana, First Circuit.

April 3, 1984.

Attorney(s) appearing for the Case

James B. Thompson, Baton Rouge, for Harry O. Mills, Jr. and Ann C. Mills.

Richard Reed, Baton Rouge, for Willie Pope, Gwendolyn S. Pope and Aetna Cas. & Sur. Co.

Caroline Norton, Asst. Parish Atty., Baton Rouge, for City of Baton Rouge.

Before COVINGTON, COLE and SAVOIE, JJ.

COLE, Judge.

The main issue here is whether or not contributory negligence is a defense in this strict liability case. We conclude it is. The facts giving rise to this litigation are as follows.

On April 12, 1978,1 at approximately 7:30 A.M., Gwendolyn Pope was traveling east on Main Street and Ann Mills was driving her van north on Eugene Street. As Mrs. Mills approached the intersection of the two streets, she noticed the traffic...

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