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TRAVELERS INS. CO. v. SOUTHWESTERN TRANSP. CO.

No. 85-C-2195.

488 So.2d 978 (1986)

TRAVELERS INSURANCE COMPANY v. SOUTHWESTERN TRANSPORTATION COMPANY.

Supreme Court of Louisiana.

Rehearing Denied June 30, 1986.

Attorney(s) appearing for the Case

David L. White, Rogers and White, Bossier City, for intervenor-applicant.

Roy S. Payne, Blanchard, Walker, O'Quin & Roberts, Jerald N. Jones, Wilkinson, Carmody & Gilliam, Shreveport, for respondents.

LEMMON, Justice.

The issue in this pre-comparative fault personal injury case is whether defendant's fault in providing a delivery truck with a rotten area in the wooden floor should be totally excused because plaintiff, after being warned of the hazard, stepped on the rotten area during the course of assisting defendant's driver in unloading large boxes. We conclude that the owner of a delivery truck with a known rotten floor should not escape responsibility altogether...

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