CAVALIER v. WARD

No. 97 CA 1927.

723 So.2d 480 (1998)

Sheila CAVALIER, Individually and in Her Capacity as Tutrix of Her Minor Son, Tavius Cavalier v. Gary Brent WARD, State Farm Mutual Automobile Insurance Company, Ellen Sanders, and the East Baton Rouge Parish School Board.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 11, 1998.


Attorney(s) appearing for the Case

Floyd J. Falcon, Jr., Baton Rouge, Attorney for Plaintiffs/Appellees, Sheila Cavalier, etc.

Harold J. Adkins, Baton Rouge, L. Lane Roy, Lafayette, Attorneys for Defendants/Appellants, Ellen Sanders and the East Baton Rouge Parish School Board.

Stephen T. Perrien, New Orleans, Attorney for Intervenor Ochsner Health Plan, Inc.

Before: SHORTESS, C.J., CARTER, and WHIPPLE, JJ.


CARTER, J.

This is an appeal from a judgment rendered in favor of plaintiffs in an action for damages arising out of an accident in which a middle school student was struck by a truck while crossing a city street.

BACKGROUND

The accident occurred on the morning of October 24, 1994. Tavius Cavalier, an eleven-year-old student at Prescott Middle School, was waiting for a school bus at the designated bus stop at approximately 6:30 a.m. The bus stop...

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