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SALAIMAN v. LOUISIANA CASINO CRUISES, INC.

No. 2001 CA 2075, 2001 CA 2076, 2001 CA 2077, 2001 CA 2078.

835 So.2d 823 (2002)

Salah SALAIMAN and Angela Simpson Individually and on Behalf of Their Minor Deceased Son, Demond Thaddeus Simpson v. LOUISIANA CASINO CRUISES, INC., the Estate of Melvin T. Cage, State Farm Mutual Automobile Insurance Company, Christopher A. Haymon, Patterson Insurance Company, and Imperial Fire & Casualty Insurance Company. Christopher Haymon v. State Farm Mutual Automobile Insurance Company and Mrs. Melvin T. Cage. Allen Laiche, Christy Laiche, Individually and on Behalf of Marcus Laiche v. Louisiana Casino Cruises, Inc., the Estate of Melvin T. Cage, State Farm Mutual Automobile Insurance Company. Dana Simpson Manning, Individually and on Behalf of Her Minor Child, Ashley Manning v. State Farm Mutual Automobile Insurance Company, Mrs. Melvin T. Cage, Individually and as Heir to the Estate of Melvin T. Cage, Christopher A. Haymon, Patterson Insurance Company and Allstate Insurance Company.

Court of Appeal of Louisiana, First Circuit.

November 8, 2002.

Attorney(s) appearing for the Case

Locke Meredith, Sean D. Fagan, Baton Rouge, for Appellants Plaintiffs Salah Salaiman, et al.

Before: FOIL, FOGG and KLINE, JJ.

FOIL, J.

At issue in this appeal is whether La. R.S. 32:295, which requires that children under the age of thirteen be properly secured when riding in a vehicle, but which states that the failure to do so shall not "be admissible as evidence in the trial of any civil action with regard to negligence," provides tort immunity in a suit based on the failure to properly secure a child in a vehicle. The trial court concluded that the statute provided immunity. We reverse...

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