Parria v. Avondale Marine Ways

Louisiana Court of Appeal

Parria v. Avondale Marine Ways

148 So. 2d 770, 1963 La. App. LEXIS 1199

CourtLouisiana Court of Appeal

DecidedJanuary 7, 1963

DocketNo. 877

StatusPublished

Cited by1 cases

This text of 148 So. 2d 770 (Parria v. Avondale Marine Ways) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parria v. Avondale Marine Ways, 148 So. 2d 770, 1963 La. App. LEXIS 1199 (La. Ct. App. 1963).

Pincite

Opinion

REGAN, Judge.

Plaintiff, Frank Parria, instituted this suit against the defendants, Avondale Marine Ways, Inc. and its liability insurer, Employers Liability Assurance Corp., Ltd., endeavoring to recover the sum of $168,416.00 for personal injuries sustained by him as the result of a collision between a truck in which he was a guest passenger and a train, operated by Avondale Marine Ways on their premises. Plaintiff alleged that the accident occurred as the result of the negligence of defendant assured’s employees.

The defendants answered and denied negligence, and in the alternative, pleaded the contributory negligence of Parria in failing to warn the driver of the vehicle in which he was a passenger of the impending collision at a time when the accident could have been avoided.

From a judgment in favor of the defendants dismissing plaintiff’s suit, he has prosecuted this appeal.

This case was consolidated with another suit, arising out of the same accident. The suit referred to is entitled Bituminous Casualty Corporation v. Avondale Marine Ways, Inc. & Employers Liability Assurance Corporation, Ltd., La.App., 148 So.2d 768. In that case, plaintiff, the compensation insurer of the Parish of Jefferson, the employer of Frank Parria, instituted suit against the defendants to recover the amount of compensation benefits it paid to Parria, who was injured during the course and scope of his employment.

For the reasons assigned therein, this judgment is affirmed.

Affirmed.

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REGAN, Judge.

Plaintiff, Frank Parria, instituted this suit against the defendants, Avondale Marine Ways, Inc. and its liability insurer, Employers Liability Assurance Corp., Ltd., endeavoring to recover the sum of $168,416.00 for personal injuries sustained by him as the result of a collision between a truck in which he was a guest passenger and a train, operated by Avondale Marine Ways on their premises. Plaintiff alleged that the accident occurred as the result of the negligence of defendant assured’s employees.

The defendants answered and denied negligence, and in the alternative, pleaded the contributory negligence of Parria in failing to warn the driver of the vehicle in which he was a passenger of the impending collision at a time when the accident could have been avoided.

From a judgment in favor of the defendants dismissing plaintiff’s suit, he has prosecuted this appeal.

This case was consolidated with another suit, arising out of the same accident. The suit referred to is entitled Bituminous Casualty Corporation v. Avondale Marine Ways, Inc. & Employers Liability Assurance Corporation, Ltd., La.App., 148 So.2d 768. In that case, plaintiff, the compensation insurer of the Parish of Jefferson, the employer of Frank Parria, instituted suit against the defendants to recover the amount of compensation benefits it paid to Parria, who was injured during the course and scope of his employment.

For the reasons assigned therein, this judgment is affirmed.

Affirmed.

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148 So. 2d 770, 1963 La. App. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parria-v-avondale-marine-ways-lactapp-1963.

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