Derouen v. American Employers Insurance

I respectfully dissent from the majority opinion.

In the present case, a guest passenger completely without fault has proved that her injuries resulted from negligence. Every witness to the accident was produced. Impleaded as defendants are the insurers of both drivers involved in the accident, the negligence of both or either of whom is without contradiction the proximate cause of the injuries received by the passenger. And yet, though she has proven beyond a peradventure of a doubt that her injuries are tort-caused and has impleaded the insurers of all those who might be held to be the…