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ALBERS v. FERNANDEZ

No. CA-6579.

504 So.2d 626 (1987)

William Joseph ALBERS, Ralph Albers and Jean Albers Schilling v. Vonnie FERNANDEZ, Richard Fernandez, United States Fidelity & Guaranty Company Parish of Orleans, City of New Orleans, and Government Employees Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 15, 1987.

Attorney(s) appearing for the Case

William C. Shockey, John David Ziober, McCollister, McCleary, Fazio & Holliday, Baton Rouge, for plaintiffs.

John B. Hattier, New Orleans, for defendants.

James Ryan, III, Peter S. Title, Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, New Orleans, for defendants & U.S. Fidelity & Guar. Co.

Marta-Ann Schnabel, Hammett, Leake & Hammett, New Orleans, for defendant/Government Employees Ins. Co.

Before GULOTTA, BARRY and WARD, JJ.

BARRY, Judge.

The children of an elderly victim in an automobile/pedestrian accident appeal the denial of damages. They claim the jury erred in concluding that the victim assumed the risk. The motorist and her insurer argue that the driver was not negligent.1

FACTS

The accident occurred on December 12, 1979 about 6:00 to 6:30 p.m. on a four lane street with a street level neutral ground. Mrs. Bonnie Fernandez, age 72...

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