dissents from denial of writ. Relator complains that the Court of Appeal erred in failing to apply the comparative negligence of our Civil Code article 2323. Whether the facts support the application of that Code provision is immaterial in my opinion. The court below erred in applying contributory negligence doctrine of common law in contravention of the specific provision to balance “imprudence”. C.C. art. 2323.

In re: Lester Hailey applying for certio-rari, or writ of review, to the Court of Appeal, Third Circuit, Parish of La Salle. 302 So.2d 668.

Writ denied. Under existing jurisprudence, there is no merit to the allegations of error.