Pierre v. Allstate Insurance Company , 257 La. 471 ( 1970 )

SUMMERS, Justice

(dissenting).

In my opinion the interval of time elapsing between the stopping of the pickup truck and the collision with the dump truck was so short that the entire maneuver constituted one incident. The collision, therefore, was brought about by the joint and concurring negligence of the driver of the Chrysler automobile, who created the hazardous condition by the unlawful parking, and the negligence of the dump truck driver by his inattention to the road ahead. .Both, the driver of the Chrysler and the driver of the dump truck, were guilty of negligent conduct which continued to the moment of the accident. Both, therefore, were guilty of negligence which was a proximate cause of the death of Pierre. Both should in consequence respond in damages.

I respectfully dissent.