From our private database of 33,600+ case briefs...
Pitre v. Employers Liability Assurance Corporation
Louisiana Court of Appeal
234 So. 2d 847 (1970)
Anthony Pitre, a nine-year-old boy, died as a result of injuries sustained at the Thibodaux Fireman’s Fair which was operated by the Thibodaux Fire Department (Fire Department). Specifically, Anthony was standing near a concession stand at which participants threw a baseball in an attempt to knock over objects to win prizes. Anthony was struck in the head by a participant’s wind-up as the participant prepared to throw a baseball. Anthony’s parents, Merville and Florence Pitre (plaintiffs), brought a negligence suit against Employers Liability Assurance Corporation, Ltd. and Maryland Casualty Company (defendants), insurers of the fair. At trial, George Henderson testified as an expert witness that the biggest risk associated with this type of fair stand is baseballs’ ricocheting after being thrown. Henderson testified that he had never seen anyone rope off the throwing area to protect bystanders from throwers. In addition, Henderson testified that insurance company safety engineers consistently approved the practice of operating this type of stand without ropes or barriers. Finally, Henderson testified that when he operated this type of stand, he did not allow young children to play the game, because they were generally unable physically to knock down the objects with a baseball. The trial court found in favor of the plaintiffs. The defendants appealed.
Rule of Law
Holding and Reasoning (Landry, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 603,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.