Legal Opinion

Schwartzberg v. Clark-Dunbar, Inc.

Louisiana Court of Appeal

Decided March 19, 1975No. 4939PublishedCited by 5 opinions

1Opinion of the Court

CULPEPPER, Judge.

Plaintiff appeals a judgment rejecting his demand for damages resulting when the automobile he was driving was struck in the rear by a truck driven by defendant’s employee, Bracey.

The substantial issue is whether plaintiff was contributorily negligent in stopping his automobile on the highway suddenly and unnecessarily and without warning to defendant’s following truck.

The accident occurred in what is known as the “South Circle” of MacArthur Drive in Alexandria. MacArthur Drive has four lanes. The west bound lanes go around the east side of the circle, where there is an exit…

2Cases cited4 opinions

  1. Canter v. Koehring CompanySupreme Court of Louisiana · 1973
  2. Vander v. New York Fire & Marine Underwriters, Inc.Louisiana Court of Appeal · 1966
  3. Thomas v. ArceneauxLouisiana Court of Appeal · 1975
  4. Fontenot v. SteenockerLouisiana Court of Appeal · 1972

3Cited by5 opinions

  1. Farmer v. Hartford Acc. & Indem. Co.Louisiana Court of Appeal · 1979
  2. Fidelity & Casualty Co. of New York v. Continental Casualty Co.Louisiana Court of Appeal · 1977
  3. Patterson v. SmithLouisiana Court of Appeal · 1985
  4. David Faulkner and Amy Faulkner v. Megan Elizabeth TylerLouisiana Court of Appeal · 2023
  5. Evelyn Burlison v. State Farm Fire and Casualty CompanyLouisiana Court of Appeal · 2022

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