Opinion
No. 3588.
September 27, 1971. Rehearing Denied October 27, 1971. Writ Refused December 3, 1971.
Appeal from Ninth Judicial District Court, Parish of Rapides; A. M. D'Angelo, Judge.
Stafford, Pitts Bolen by John L. Pitts, Alexandria, for third-party defendants-appellants.
Knight E. Doggett, Alexandria, for plaintiff-appellee.
Garrett, Ryland Downs by B. Dexter Ryland, Vance Thompson, T. C. McLure, Jr., Alexandria, for defendant-appellee.
Before HOOD, MILLER and DOMENGEAUX, JJ.
This case was tried and appealed as a consolidated case with Brown v. Travelers Insurance Company, 255 So.2d 111, handed down this date. The facts are there presented.
Mr. Sam Deal, Jr. sought damages for injuries sustained by his son the driver of the overtaking Ford sedan. The trial court found that plaintiff's son was negligent for exceeding the maximum safe speed for prevailing conditions and for failing to keep a proper lookout. Mr. Deal assigns as error these findings of negligence.
For the reasons stated in the companion case cited above, we affirm. Costs of this appeal are assessed to plaintiff appellant.
Affirmed.
Domengeaux, J., concurs and agrees that Deal was negligent but believes that the Midstate truck driver was also negligent.