Bergens v. Allen

REGAN, Judge.

Plaintiff, Donald G. Bergens, filed this suit to recover damages for personal injuries he incurred, when he was struck by a vehicle as he and Louis Silva were standing in the right traffic lane near the shoulder of U. S. Highway 90, endeavoring to pour gasoline into the tank of their station wagon. Plaintiff asserted that the proximate cause of the accident was the negligence of the defendant driver, in, inter alia, failing to see the victim in order to avoid striking him and in driving while intoxicated.

Named defendants were George Allen, the operator and his alleged insurer,…