The person invoking the protection of the doctrine, however, must also show that he himself was in no way to blame for the happening. Sharp v. Kahn, 143 So. 514 (La.App. 1st Cir. 1932). The doctrine of unavoidable or inevitable accident can be stated as follows:

This being true defendant cannot avail itself of the protection of the rule of law which relieves one of liability for the result of a fortuitous event. Reynolds v. Texas Pacific Railway Co., 37 La. Ann. 694; Southern Air Transport v. Gulf Airways, Inc., 215 La. 366, 40 So.2d 787; Sharp v. Kahn, La.App. First Circuit, 143 So. 514, 38 American Jurisprudence, verbo Negligence, Section 7. As a final defense it is said that "* * * even if defendant should be held technically liable, plaintiff has so grossly exaggerated his claims of damage and has so utterly failed to carry the burden of proof imposed upon him to establish the amount of his damage with reasonable certainty that in any event no monetary judgment can be sustained by the evidence which has been adduced."

The person invoking the protection of the doctrine, however, must also show that he himself was in no way to blame for the happening. Sharp v. Kahn, 143 So. 514 (La.App. 1st Cir. 1932). The doctrine of unavoidable or inevitable accident can be stated as follows:

The person invoking the protection of the doctrine, however, must also show that he himself was in no way to blame for the happening. Sharp v. Kahn, 143 So. 514 (La.App. 1st Cir. 1932). The doctrine of unavoidable or inevitable accident can be stated as follows:

It is recognized in this State that a person involved in an "unavoidable or inevitable accident" is not liable to the injured person for damages resulting from such an accident. Sharp v. Kahn, 143 So. 514 (La.App. 1st Cir. 1932). However, the person who seeks protection of the doctrine must show he was not at fault in causing the accident.

However, this is somewhat qualified by a doctrine generally announced similarly to the statement found in Thomas v. Great American Indemnity Company, La.App. 2 Cir., 83 So.2d 485, at page 487 as: "Each case is to be determined upon its own facts, with the desire, however, for the attainment of some degree of uniformity in cases involving similar injuries and disabilities." Counsel for plaintiff cites Gillespie v. Louisiana Long Leaf Lumber Company, La.App. 2 Cir., 1938, 185 So. 116 (awarding $2,000 to a young woman for one-inch scar), Sharp v. Kahn, La.App. 1 Cir. 1932, 143 So. 514 ($1,500 for fractured clavicle and other personal injuries), and Kelly v. Neff, La.App. 2 Cir. 1943, 14 So.2d 657 ($2,750 for painful subluxation of left shoulder, which necessitated one surgical operation, which being unsuccessful indicated a second was necessary). On the other hand, defendant cites Wilson v. Yellow Cab Company, La.App. 2 Cir. 1953, 64 So.2d 463, and various other cases which upheld awards in the area of $1,500 for keloid facial scars or for injuries which are alleged to be comparable.