Richard v. Mangion
Louisiana Court of Appeal
535 So. 2d 414 (1988)
- Written by Craig Conway, LLM
Facts
Richard (plaintiff) and Mangion (defendant), both minors, voluntarily engaged in a pre-arranged fist fight after Mangion made derogatory comments to Richard about the type of pants he was wearing. During the fight, Mangion struck Richard in the eye, causing seriously injuries. As a result, Richard was required to undergo two operations, totaling over $15,000 in medical expenses. Richard, through his parents, filed suit against Mangion’s parents and State Farm & Casualty Insurance Company (defendants). The trial court dismissed the complaint and held that both boys voluntarily went to the agreed-upon scene knowing that a fight would occur and, as a result, Richard consented to being struck by Mangion during the resulting fight. Richard appealed.
Rule of Law
Issue
Holding and Reasoning (Doucet, J.)
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