Comeaux v. Dupuis

MILLER, Judge.

Defendant motorist insured, Cloma Marie Dupuis, struck and killed a 7J4 year old pedestrian, Paula Ann Perron, on a residential street in Lafayette on the clear dry day of Saturday, May 10, 1969. The trial judge held that the motorist was negligent, but that her negligence was not a proximate cause of the accident; that “the proximate cause of the accident was the child darting into the street from the house *688when there was not sufficient time for the defendant driver to avoid striking the child.” Plaintiff appealed. We find manifest error and reverse.

Defendant motorist was…