Sullivan v. Gulf State Utilities Co.

Supreme Court of Louisiana May 30, 1980

Sullivan v. Gulf State Utilities Co., 384 So. 2d 447 (La. 1980)

1980 La. LEXIS 7697

Grant, Lemmon, Watson, Writ

Opinion of the Court

In Re: Cecil Sullivan, applying for Cer-tiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 19th Judicial District Court, 382 So.2d 184.

Denied.

WATSON, J., would grant the writ.

Dissenting Opinion

LEMMON, Judge,

dissents.

It is wrong to impose a duty on defendant to protect motorists from striking an object in the roadway which is virtually imperceptible at night and then to excuse defendant’s violation of that duty because the motorist did not see the object.

Reference

Full Case Name: Cecil SULLIVAN v. GULF STATE UTILITIES COMPANY and Boh Brothers Construction Company, Inc.
Status: Published