No. 6246 Precedential Processed

Payne v. State Farm Mutual Automobile Insurance

Louisiana Court of Appeal, First Circuit · Filed July 3, 1974 · 299 So. 2d 532

Also decided on this docket: La. Ct. App. 1st Cir., February 28, 1966 183 So. 2d 655; La. Ct. App. 3d Cir., December 20, 1977 353 So. 2d 480

Cited by

Stokes v. Carter 542 So. 2d 54 La. Ct. App. 1st Cir. 1989
Zuber v. Lafourche Parish School Bd. 347 So. 2d 1302 La. Ct. App. 1st Cir. 1977
Payne v. State Farm Mutual Automobile Ins. 302 So. 2d 309 La. 1974

Opinion text

REDMANN, Judge (dissenting). Had the hedge not been present, the slow-moving driver would probably have seen the child in time to avoid the accident. The absence of the hedge might not have changed the child’s behavior, but it should have changed the motorist’s behavior. The hedge concealed the child and thus exculpated the motorist from the liability he would otherwise have had, had he seen the child running into his path yet done nothing to avoid the accident. Because defendant lessor knew that it rented to tenants with very young children, it should not have maintained the hedge virtually to the street. It should not have left only two feet or so between hedge and street, for small children to see and, more important, to be seen, prior to their necessary entry into the street when going towards rear yard and rear door. In my opinion the maintenance of the hedge breached the lessor’s duty to keep its premises safe for the intended occupants. There should be an award'for the child’s well-healed broken leg.