Meadows v. Preferred Acc. Ins.

The majority opinion in- the instant case upholds the" sufficiency of plaintiff’s petition on the ground that it alleges: “ * * that the offending Oldsmobile was driven from the. less favored North Myrtle Street into the right-of-way street at a time when plaintiff had already entered this intersection. The proof of these two' facts would be sufficient basis for a judgment against defendant. Cole v. Sherrill, La.App., 7 So.2d 205.”

I respectfully point out that the petition does not allege “that plaintiff had already entered this intersection”. The petition alleges “that as petitioner was…