SWIFT v. CONTINENTAL INS. CO.

Nos. 83-CA-361, 83-CA-362 and 83-CA-363.

453 So.2d 271 (1984)

Carl B. SWIFT, et al. v. CONTINENTAL INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied September 28, 1984.


Attorney(s) appearing for the Case

Robert L. Manard, III, New Orleans, for plaintiffs-appellees.

Dermot S. McGlinchey, New Orleans, for appellee-appellant.

C. Gordon Johnson, Jr., and Joseph F. Clark, Jr., New Orleans, for defendants-appellants.

Before BOUTALL, GAUDIN and GRISBAUM, JJ.


GAUDIN, Judge.

The primary issue in this somewhat complex litigation is the possible negligence of Bernard J. Bailey, who was driving his pickup truck within the speed limit on a clearly favored roadway when confronted by another pickup truck that ran through a stop sign and was suddenly in his path. The vehicles collided.

Mr. Bailey had been proceeding on U.S. Highway 90 while the other pickup, driven by John Wisotzkey, was on Louisiana Highway 443. The accident...

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