Pellegal v. Dureau

BYRNES, Judge.

Appellants appeal the sustaining of the peremptory exception of no cause of action to certain defendants by the lower court.

On December 1,1977, a petition for damages was filed on behalf of the minor child, Todd Lance Pellegal, by his parents. The named defendant was Eugene Dureau. The petition avers that on November 29, 1977, defendant, Dureau, accidently shot the minor child, Pellegal, who asks for damages. Dureau answered on January 18, 1978 and pleaded the affirmative defense of contributory negligence on behalf of the boy. Dureau was deposed on *351January 19, 1978. The first…