# Pierre v. Allstate Insurance Company

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

URL: https://www.frixlaw.com/law-library/cases/9858427

## 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 McCALEB
- **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/9858427

## Opinion text

McCALEB, Justice
(dissenting).
The views expressed on rehearing simply amount to the adoption of the “but for” *501 doctrine of negligence in this State despite the attempt made in the opinion to have it appear otherwise. Indeed, it is difficult to conceive a state of facts wherein, as here, the intervening negligence is the direct cause of the accident, in which the court would not be compelled to regard the parking violation as a concurring cause whenever such violation tended to impede the progress of traffic. Yet, it cannot be gainsaid that the accident would not have happened in just the same way had the movement of traffic been slowed for any other reason. This being so, how then is the traffic violation a proximate cause? To say that the defendant here must respond in damages, when plaintiffs’ decedent was killed by the direct fault of another, constitutes a gross extension of the word “fault” as used in Article 2315 of our Civil Code.
I respectfully dissent, adhering to the principles expressed and the conclusion reached in the original opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9858427. Public record. Not legal advice.