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OTTO v. STATE FARM MUT. AUTO. INS. CO.

No. 83-C-0620.

455 So.2d 1175 (1984)

Constance A. OTTO v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.

Supreme Court of Louisiana.

September 10, 1984.

Attorney(s) appearing for the Case

Thomas L. Giraud, Charles A. Verderame, Giraud, Cusimano & Verderame, New Orleans, for applicant.

Edward P. Lobman, Alice M. Lewis, Lobman & Carnahan, Metairie, for respondent.

LEMMON, Justice.*

This case involves a highway collision between plaintiff's automobile and an oncoming 18-wheel tractor-trailer which occurred in the truck's lane of traffic. Plaintiff's suit against her uninsured motorist carrier alleged that she was struck in the rear by an unknown motorist, causing her to lose control. The trial court dismissed plaintiff's suit on the basis that plaintiff was presumed to be negligent because the collision...

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