Legal Opinion
Drum v. United States Fidelity & Guaranty Co.
Louisiana Court of Appeal
Decided July 3, 1984No. CA 1563PublishedCited by 5 opinions
1Opinion of the Court
REDMANN, Chief Judge.
A pedestrian appeals from a judgment which, on the basis of his comparative negligence, La.C.C. 2323, awarded him only 50% of his damages from being run over by a truck. Holding comparative negligence inapplicable because contributory negligence is ordinarily inapplicable to any truck-pedestrian accident, we amend the judgment to award plaintiff 100% of his damages.
The essential facts are that plaintiff, a stranger to defendant and its warehouse, walked into defendant’s warehouse to look for someone. Plaintiff walked from outside into an “aisle,” an area kept free of…
2Cases cited7 opinions
- Baumgartner v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 1978
- Jenkins v. St. Paul Fire & Marine Ins. Co.Supreme Court of Louisiana · 1982
- Fontenot v. Hanover Ins. Co.Supreme Court of Louisiana · 1980
- Oliver v. CapitanoLouisiana Court of Appeal · 1981
- Bays v. LeeLouisiana Court of Appeal · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. Paul Fire & Marine Ins. Co. v. SmithSupreme Court of Louisiana · 1992
- Turner v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1985
- Turner v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1985
- St. Paul Fire & Marine Insurance Co. v. SmithSupreme Court of Louisiana · 1992
- Drum v. United States Fidelity & Guaranty Co.Supreme Court of Louisiana · 1985