Louisiana Court of Appeal, 1975

Employers Liability Assurance Corp. v. Blanchard

Employers Liability Assurance Corp. v. Blanchard
Louisiana Court of Appeal · Decided June 11, 1975 · Reasons, Redmann, Samuel, Stoulig
314 So. 2d 368; 1975 La. App. LEXIS 3546 (Southern Reporter, Second Series)

Employers Liability Assurance Corp. v. Blanchard

Dissenting Opinion

REDMANN, Judge

(dissenting).

The truck driver’s violation of the minimum speed duty was contributory negligence which bars his recovery and therefore bars his subrogee’s recovery.

Opinion of the Court

STOULIG, Judge.

Defendant, Larry H. Blanchard, Sr., has appealed a judgment awarding $1,119.90 to Employers Liability Assurance Corporation, Ltd., as subrogee of its insured, Waterfront Haulers, Inc. This is the amount of workmen’s compensation paid by plaintiff to Louis Wicks, Waterfront’s employee injured in a truck-automobile collision on I — 10 in the City of New Orleans.

This matter was consolidated for trial with Blanchard et al. v. Wicks, et al., La. App. 314 So.2d 366 and for the reasons assigned in that case, this judgment is affirmed.

Affirmed.

REDMANN, J., dissents with written reasons.

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