Supreme Court of Louisiana, 1979

Rody v. Ross

Rody v. Ross
Supreme Court of Louisiana · Decided June 15, 1979 · Dennis, Grant, Tate, Writ
373 So. 2d 527; 1979 La. LEXIS 6625 (Southern Reporter, Second Series)

Rody v. Ross

Opinion of the Court

In re Delores Rody, etc., et al. applying for writ of certiorari, Fourth Circuit Court of Appeal. Parish of Orleans. 371 So.2d 383.

Writ denied.

Dissenting Opinion

TATE, J.,

dissents. Although the thoughtful majority is persuasive, I agree with the dissent in the court of appeal that appellate review should not disturb the trier of facts’ overall factual appreciation that the motorist was negligent in travelling blindly at 15-20 MPH (instead of, say, at 5 MPH, a speed permitting an immediate stop) in an area where such conduct could be expected to create undue hazard to small neighborhood children, reasonably expected to be in the vicinity.

DENNIS, J., would grant the writ.

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