Dailey v. LebBlanc

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 of the bushhog, John Douget, the property owner and LeBlanc’s employer, and A1 Lavergne and Carol Roch, the adjacent property owners (hereinafter referred to as…