Louisiana Court of Appeal, 1977

Aguillard v. New Orleans Public Service, Inc.

Aguillard v. New Orleans Public Service, Inc.
Louisiana Court of Appeal · Decided June 7, 1977 · Beer, Gulotta, Redmann
348 So. 2d 97; 1977 La. App. LEXIS 3707 (Southern Reporter, Second Series)

Aguillard v. New Orleans Public Service, Inc.

Opinion of the Court

REDMANN, Judge.

Although the testimony of the then-student of bus driving would support a contrary conclusion, the testimony of the actual bus driver (now a policeman) and the investigating policeman support the conclusion that the fluid on the bus floor was slippery (yet another of defendant’s employees confirm it was not water) and came from a part of the air-conditioning system of the bus, and that the size of the slippery area was small enough, especially in the early morning light, and its appearance (similar to a little water) on the grooved flooring presented no suggestion of danger, so that plaintiff was not contributorily negligent.

Affirmed.

BEER, J., filed a dissenting opinion and was of the opinion that rehearing should be granted.

Dissenting Opinion

BEER, Judge,

dissenting.

I respectfully dissent, being of the view that plaintiff has failed to prove any negligence whatsoever on the part of the defendant.

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