Opinion
No. 8226.
June 7, 1977. Rehearing Denied August 1, 1977. Writ Refused September 27, 1977.
APPEAL FROM CIVIL DISTRICT COURT, PARISH OF ORLEANS, DIVISION D, STATE OF LOUISIANA, HONORABLE S. SANFORD LEVY, J.
William F. Dodd, New Orleans (Dodd, Barker, Boudreaux, Lamy Gardner, New Orleans), for plaintiff-appellee.
Floyd F. Greene, New Orleans, for defendant-appellant.
Before REDMANN, GULOTTA and BEER, JJ.
Although the testimony of the then-student of bus driving would support a contrary conclusion, the testimony of the actual bus driver (now a policeman) and the investigating policeman support the conclusion that the fluid on the bus floor was slippery (yet another of defendant's employees confirm it was not water) and came from a part of the air-conditioning system of the bus, and that the size of the slippery area was small enough, especially in the early morning light, and its appearance (similar to a little water) on the grooved flooring presented no suggestion of danger, so that plaintiff was not contributorily negligent.
Affirmed.
BEER, J., filed a dissenting opinion and was of the opinion that rehearing should be granted.
I respectfully dissent, being of the view that plaintiff has failed to prove any negligence whatsoever on the part of the defendant.