Supreme Court of Louisiana, 1976

Gremillion v. State Farm Mutual Insurance

Gremillion v. State Farm Mutual Insurance
Supreme Court of Louisiana · Decided July 1, 1976 · Dennis, Dixon, Granted, Should, Stated, Tate
334 So. 2d 205; 1976 La. LEXIS 4193 (Southern Reporter, Second Series)

Gremillion v. State Farm Mutual Insurance

Dissenting Opinion

TATE, J.,

dissents. Although the “result” may be correct (in that the plaintiff child’s own fault may bar recovery). The law announced conflicts with Civil Code Article 2318 and Turner v. Bucher, 308 So.2d 270 (La. 1975). Although defendant’s child may himself be free of liability for the reasons stated, the defendant father is strictly liable for acts of his child, whether six years of age or ten, which cause undue risk of injury to others.

DIXON, J., dissents for reasons stated by TATE, J. DENNIS, J., is of the opinion the writ should be granted.

Opinion of the Court

In re: Robert Bruce Gremillion applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides.

Writ denied. The result is correct.

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