Pastor v. Southern Farm Bureau Insurance

The writer respectfully dissents from this reversal.

The District Court held that the young teen-age motorist, hurrying on his way to work at 5 :00 P.M., was at fault in causing injury to this 3-year old child, struck in mid-street in a residential section of Lafayette. There is substantial evidence that the driver was going about 30 mph in' a 25 mph area, that the driver could and should have seen the young child as the little boy proceeded towards and over the center line- of the street, and that the driver could have avoided the accident by sounding his horn, slowing, or swerving from the…