Louisiana Court of Appeal, 1972

Piazza v. Houston Fire & Casualty Insurance

Piazza v. Houston Fire & Casualty Insurance
Louisiana Court of Appeal · Decided March 2, 1972 · Frugé, Hood, Savoy
260 So. 2d 41; 1972 La. App. LEXIS 6833 (Southern Reporter, Second Series)

Piazza v. Houston Fire & Casualty Insurance

Opinion of the Court

FRUGÉ, Judge.

Plaintiff seeks damages for personal injuries sustained when the automobile which he was driving collided with the left side of a bright, shiny steel tank truck at 9:15 p. m. on a summer evening when the weather was clear and dry. Defendants are the owner of the milk truck and his insurer. We have thoughtfully studied the evidence and conclude that it well supports the District Judge’s finding that plaintiff was contribu-torily negligent. Accordingly, the judgment appealed is affirmed. All costs of this appeal are assessed against the plaintiff-appellant.

Affirmed.

Dissenting Opinion

SAVOY, J.,

dissents, being of the opinion that the sole cause of the accident was the negligence of the milk driver in blocking the highway.

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