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DAILEY v. LeBLANC

No. 85-1171.

497 So.2d 1044 (1986)

Donald DAILEY, Plaintiff-Appellant, v. Kearney LeBLANC, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

November 5, 1986.

Attorney(s) appearing for the Case

Everett and Everett, Glennon P. Everett, Crowley, for plaintiff-appellant.

Roy, Forrest and Lopresto L. Albert Forrest, New Iberia, Voorhies and Labbe, Mark Bienvenu, Lafayette, Stockwell and Associates, John Bradford, Lake Charles, Chappuis and Chappuis, Philip J. Chappuis, Crowley, for defendants-appellees.

Before GUIDRY, DOUCET and KING, JJ.

KING, Judge.

This appeal presents the issue of whether or not the trial court correctly applied the defense of assumption of the risk to deny plaintiff recovery on his claim.1

Donald Dailey (hereinafter referred to as plaintiff) seeks damages for injuries suffered when he was struck in the leg by a fence wire cut by a bushhog being operated by Kearney LeBlanc on John Douget's property. Plaintiff sues Kearney LeBlanc, the operator...

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