# Gaspard v. LeMaire

> Supreme Court of Louisiana · November 12, 1963 · 245 La. 239

URL: https://www.frixlaw.com/law-library/cases/9858127

## Case

- **Full name:** Aline GASPARD v. Bradley C. LeMAIRE Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** November 12, 1963
- **Citations:** 245 La. 239; 158 So. 2d 149; 1963 La. LEXIS 2666
- **Precedential status:** Published
- **Opinion:** Concurrence by Hamiter
- **Judges:** McCaleb, Hamiter, Summers, Hawthorne
- **Cited by:** 693 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9858127

## Opinion text

HAMITER, Justice
(concurring).
According to the recorded testimony before us it might well be held that only Wilman Gaspard was guilty of negligence that proximately caused this unfortunate accident. His attempted left turn into a private driveway, at a time when a fast moving ve¡hicle was approaching a short distance from his rear, was an exceedingly dangerous maneuver and clearly violative of LRS 32:235. However, the jury and trial judge, who saw and heard the witnesses, found facts from which they concluded that the collision was caused by and resulted from concurrent negligence on the part of the two drivers; and I do not feel justified in contradicting that finding and conclusion, particularly since the writ was granted herein for the purpose of reviewing the Court of Appeal’s ruling on the legal question of imputation of negligence.
In all other -respects I fully agree with the views expressed in the majority opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858127. Public record. Not legal advice.