Jones v. Rousseau

We granted certiorari to review the correctness of a decision to strike a plea of contributory negligence.

The plaintiff, Leon Jones, filed suit for damages for an injury arising out of a pedestrian-automobile accident. The petition alleges that plaintiff was attempting to cross the street when struck by the auto driven by Irwin J. Rousseau, one of the defendants. Rousseau and his insurer answered by denying any negligence on their part and by setting out the affirmative defense of contributory negligence on the part of the plaintiff. Plaintiff then filed a motion to strike the defense from…