NEFF v. ALLVEND, INC.

No. 85-CA-173.

474 So.2d 1027 (1985)

Marie Bourque, Wife of/and Lawrence C. NEFF v. ALLVEND, INC., Ronald E. Verdon and St. Paul Fire and Marine Insurance Co.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 17, 1985.

Writ Denied November 15, 1985.


Attorney(s) appearing for the Case

Bruce S. Johnston, New Orleans, for defendants-appellants.

Warren E. Mouledoux, Jr., William W. Hall, Metairie, for plaintiffs-appellees.

Before CHEHARDY, CURRAULT and DUFRESNE, JJ.


DUFRESNE, Judge.

This is an appeal by Allvend, Inc., their employee, Ronald E. Verdon, and their insurer, St. Paul Fire and Marine Insurance Co., defendants-appellants, from a judgment in favor of Lawrence C. Neff, plaintiff-appellee, for injuries sustained by Neff when he was struck by an Allvend truck driven by Verdon. Because we find that Neff refused to undergo surgery which would have relieved his pain, and thus failed to mitigate that element of damages, we...

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