# Pierre v. Allstate Insurance Company

> Supreme Court of Louisiana · December 14, 1970 · 257 La. 471

URL: https://www.frixlaw.com/law-library/cases/9858425

## Case

- **Full name:** Percy H. PIERRE Et Al. v. ALLSTATE INSURANCE COMPANY and Opial Stinson, Wife of/and Harry Brooks
- **Court:** Supreme Court of Louisiana
- **Decided:** December 14, 1970
- **Citations:** 257 La. 471; 242 So. 2d 821; 1970 La. LEXIS 3495
- **Precedential status:** Published
- **Opinion:** Dissent by Sanders
- **Judges:** Summers, Sanders, Barham, Hamiter, Hamlin, McCaleb
- **Cited by:** 209 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/9858425

## Opinion text

SANDERS, Justice
(dissenting).
The majority holds that the conduct of the defendant in parking his automobile on the highway was not a cause-in-fact of the collision and resulting death. I am unable to agree with this holding.
A cause-in-fact is a necessary antecedent. Under the circumstances of this case, if the death would not have occurred but for the conduct of the defendant, factual causation is shown.
The evidence reflects that if the automobile had not been parked on the congested highway, the traffic would have continued to move smoothly and undoubtedly no collision would have ensued. Hence, the conduct of the defendant was a factual cause of the death. For liability to attach, it need not be the only cause. Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co., 242 La. 471 , 137 So.2d 298 ; Perkins v. Texas and New Orleans Railroad Company, 243 La. 829 , 147 So.2d 646 . Hence, in my opinion, the holding of the majority is in error.
In Newton v. Allstate Insurance Company, La.App., 209 So.2d 744 , cert. denied 252 La. 465 , 211 So.2d 329 , the Court of *485 Appeal, Second Circuit, reached a contrary result on similar facts.
For the reasons assigned, I respectfully dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858425. Public record. Not legal advice.