Barker v. Howard Trucking, Inc.

DOMENGEAUX, Judge.

Plaintiff, Bobby G. Barker, instituted this action seeking damages for personal injuries sustained by him in an accident which occurred on January 17, 1980. Following trial, the district judge determined that plaintiffs claim was barred by his contributory negligence and accordingly dismissed plaintiffs claims as to all defendants.

From this adverse judgment plaintiff has appealed claiming the trial court was in error insofar as it: (1) disregarded testimony to the effect that plaintiff suffered from a mental deficiency, and (2) found the plaintiff guilty of contributory…