DEVUN v. BARTON, 342 So.2d 1111 (La. 1977)

DENNIS J. DEVUN, INDIVIDUALLY AND ON BEHALF OF THE MINOR, DAVID C. DEVUN v. JON H. BARTON AND THE UNITED SERVICES AUTOMOBILE ASSOCIATION.

No. 59286.Supreme Court of Louisiana.
March 11, 1977.

IN RE: DENNIS J. DEVUN APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF JEFFERSON.

[1] Application denied; no error of law, on the facts found by the court of appeal. [2] TATE, J., dissents. Under the sudden emergency presented by the defendant driver’s gross negligence, the plaintiff’s driver — approaching and turning from the right-of-way highway — is not guilty of contributory negligence because of any misjudgment (as viewed from after the accident in the calm of an appellate conference chamber) in the evasive action adopted by him in response to the defendant’s negligence. [3] CALOGERO, J., is of the opinion the writ should be granted.