Constance v. Smith

MILLER, Judge.

Plaintiff appellant Mary McNeal Constance appeals the unanimous jury verdict dismissing her claim for damages sustained when her vehicle was rear-ended by the uninsured overtaking vehicle operated by defendant Buford Smith’s minor daughter. Defendant Commercial Union Insurance Company carried uninsured motorist protection covering occupants of the Constance vehicle. We affirm.

After dark on the dry cloudy night of December 5, 1974, the accident occurred in Avoyelles Parish on the north south blacktopped two lane Louisiana Highway 107 approximately 1.4 miles north of Effie. Both…