Opinion
No. 5146.
October 31, 1975. Rehearing Denied December 17, 1975.
APPEAL FROM 9TH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES; HONORABLE GUY E. HUMPHRIES, JR., JUDGE.
Gold Hall, Hammill Little by James D. Davis, Alexandria, for defendant-appellant.
Gravel, Roy Burnes by J. Michael Small, Alexandria, for plaintiff-appellee.
Before HOOD, CULPEPPER, MILLER, DOMENGEAUX, and WATSON, JJ.
This is a companion case to Salter Bus Lines, Inc. v. Willard A. Leitch and State Farm Mutual Automobile Insurance Company, 322 So.2d 793, in which a separate judgment is being rendered by us this date. In the present case, Gary Leitch, after becoming 18 years of age, filed suit against Salter Bus Lines, Inc. and its insurer for damages for personal injuries. The district judge awarded plaintiff the sum of $1,000. The amount of this award has not been made an issue on appeal by either plaintiff or defendants.
For the reasons stated in the companion case of Salter Bus Lines, Inc. v. Willard A. Leitch, et al., the judgment appealed in the present matter is affirmed. all costs of this appeal are assessed against the appellant.
Affirmed.
MILLER, J., dissents and assigns written reasons.
HOOD, J., dissents for the reasons assigned by MILLER, J. and both voted for a rehearing.
For the reasons assigned in my dissent in Salter Bus Lines Inc. v. Leitch, 322 So.2d 793 (La.App. 3 Cir. 1975, # 5144), I respectfully dissent.
Leitch's negligence in failing to slow when he saw or should have seen the bus commence and almost complete its left turn, bars his recovery of the $1,000 in damages sustained by him.
I respectfully dissent.