He could not avoid the animals completely and the truck was damaged as a result of the collision with one of the animals. The horses were owned by Mr. and Mrs. Brandon Hebert and were usually kept in an enclosed area adjacent to their home. The trial court determined La. The trial court's determination that La. Mary and Brandon Hebert and their insurer State Farm, hereafter Defendants, now appeal alleging three assignments of error.
Defendants first claim the trial court erred in applying La.
Defendants also assign as error the trial court's failure to bar Plaintiff's award for damages due to failure to mitigate damages and Plaintiff's damages being speculative and uncertain. The section of the highway upon which the accident in the instant case occurred is not one of the listed highways. Bolzoni is almost identical to the case sub judice. The Plaintiff struck livestock that had escaped from its pen and had wondered onto the same highway in Cameron Parish. However, the animal in Bolzoni, was a cow and not a horse.