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DRUM v. UNITED STATES FIDELITY & GUAR. CO.

No. CA 1563.

454 So.2d 267 (1984)

James V. DRUM v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 3, 1984.

Attorney(s) appearing for the Case

Donald M. Pierce, Gertler & Gertler, New Orleans, for plaintiff.

Wood Brown III, Montgomery, Barnett, Brown & Read, New Orleans, for defendants.

Before REDMANN, C.J., and GARRISON, BARRY, CIACCIO and WARD, JJ.

REDMANN, Chief Judge.

A pedestrian appeals from a judgment which, on the basis of his comparative negligence, La.C.C. 2323, awarded him only 50% of his damages from being run over by a truck. Holding comparative negligence inapplicable because contributory negligence is ordinarily inapplicable to any truck-pedestrian accident, we amend the judgment to award plaintiff 100% of his damages.

The essential facts are that plaintiff, a stranger to defendant and its...

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