E.g. Rico v. Clarke, 09–1360 (La.App. 1 Cir. 3/26/10), 36 So.3d 309, writ denied, 10–958 (La.6/25/10), 38 So.3d 343 ; Nunnery v. Elmore, 01–1766, 01–1767 (La.App. 1 Cir. 10/2/02), 835 So.2d 645. However, a more recent case out of that circuit reaches a contrary result. Finding that the latter first circuit decision advances the more reasonable approach and reaches the more appropriate conclusion, we affirm the trial court's ruling in this case.
Thus, in the event of a conflict, La. C.C. art. 2324(C) would ultimately control. In Nunnery v. Elmore, 2001–1766 (La.App. 1st Cir.10/2/02), 835 So.2d 645, this court was also faced with a similar, but distinguishable, situation. In Nunnery, the plaintiffs, who were guest passengers in an automobile owned by Bernard Carr and driven by Willie Nunnery, were involvedin an automobile accident on March 7, 1998, in Hammond, Louisiana.