Fontenot v. United States Fidelity & Guaranty Co.

CULPEPPER, Judge.

Plaintiff seeks damages for personal injuries sustained by his five year old child. While running across a highway, the child was struck by an automobile driven by the defendant, Mrs. Betty Henry. The trial judge held the defendant motorist free of negligence and dismissed plaintiff’s suit. Plaintiff appealed.

The decisive issue is whether the defendant motorist was negligent.

The scene of this accident is on Louisiana Highway 27 near Creole, Louisiana. At this location, the highway is straight and runs north and south through the coastal marsh. It has two lanes, is of asphalt…