Wells v. Cumis Insurance Society, Inc.

SCHOTT, Judge.

Plaintiff has appealed from a dismissal of his suit for damages arising out of an automobile accident which occurred at approximately 7 AM on March 15, 1978, at the intersection of Elysian Fields Avenue and North Robertson Street in New Orleans. The principal issue is whether the trial judge committed manifest error in concluding that plaintiff was contributorily negligent, thereby barring his recovery.

Elysian Fields is a wide divided boulevard consisting of four lanes on each side and an exceptionally wide neutral ground. It runs generally north-south and is favored over North…