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Torts keyed to Robertson
Roberts v. State of Louisiana
Citation:
Louisiana Court of Appeal, 1981. 396 So.2d 556, affirmed on other grounds, 404 So.2d 1221 (La.1981).Facts
Mike Burson, the operator of a concession stand at a U.S. Post Office left his stand to go to the bathroom in the building. While walking to the bathroom, Burson bumped into the Plaintiff, William Roberts, causing him to fall to the floor and injure his hip. The Plaintiff was 75 years old and weighed around 100 pounds whereas Burson was around 25 or 26 and weighed 165 pounds. Burson was blind, and at the time was not using his cane or using the technique of walking with his arm or hand in front of him.
Plaintiff argues that Burson walked the area from his concession stand to the bathroom in a negligent manner, specifically citing his failure to use his cane even though he had it with him at the stand.
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