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SCARDINA v. STATE FARM MUT. AUTO. INS. CO.

No. 91 CA 0210.

597 So.2d 1148 (1992)

Bret S. SCARDINA, Individually and as Administrator for Stephen Scardina v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Edwin E. Miller.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 28, 1992.

Attorney(s) appearing for the Case

Dorsey C. Martin, III, Baton Rouge, for plaintiff-appellant Bret S. Scardina, Individually and as Admin'r for Minor Son, Stephen Scardina.

John W. Perry, Jr., Baton Rouge, for defendant-appellee Edwin E. Miller.

Before WATKINS, CARTER and FOIL, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment in favor of the defendants, dismissing plaintiff's suit for damages arising out of an automobile-bicycle accident.

FACTS

On September 8, 1988, at approximately 6:00 p.m., Edwin E. Miller was travelling north on North Shamrock Drive in Baton Rouge at about 10 miles per hour. At about the same time, four-year-old Stephen Scardina was apparently attempting to cross from the east side to the...

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