Opinion

Bergeron v. Department of Highways

  • 50 So. 2d 337
  • 1951 La. App. LEXIS 548
Court
Louisiana Court of Appeal
Filed
Jan 16, 1951
Status
Published
Author
Dore
On the bench
Dore, Lottinger
Cited by
8 cases

The opinion

DORE, Judge

(dissenting).

Like the trial Judge, for the reasons he has given, I find no negligence on the part of the truck driver. Admitting for the mere sake of argument that the truck driver was subsequently negligent after his making the left hand turn, completely traversing the main traveled portion of the highway or street, in not perceiving the boy on the bicycle approaching the path of his truck, then I say that such negligence was passive and not a proximate cause of the accident.

I find the sole and proximate cause of the accident to be the negligence of the boy in not keeping a proper lookout ahead. He had at least twenty feet within which to stop his bicycle or turn to the right, thus avoiding the collision. He had the last clear chance. For these reasons I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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