Lee v. Peerless Insurance Co.

GLADNEY, Judge.

This is an action ex delicto seeking damages for personal injuries brought by Ben M. Lee against Merle F. Kimmerly, Jr., doing business as Sak’s Lounge in Bossier City, Louisiana, and his insurer, Peerless Insurance Company. The defendants filed an exception of no cause of action based on plaintiff’s contributory negligence, which, exceptors urge, is affirmatively alleged in the petition. The trial court sustained the exception and the plaintiff has appealed.

The only matter for inquiry presented on this appeal is whether the petition of the plaintiff discloses such contributory…