Thomas v. Lee

The record does not support a finding that the plaintiff was guilty of contributory negligence. The defendant must prove by a preponderance of the evidence that the plaintiff was guilty of contributory negligence, Wiggins v. Kansas City Southern Railway Company, 240 So.2d 744 (La. App. 2nd Cir. 1970), and to arrive at this conclusion we must make certain assumptions to overcome the factual findings of the trial judge. The majority assumes the contributory negligence of the plaintiff was obvious because of the length of the trailer (54 feet), the slow speed at which it “must have entered the…