Supreme Court of Louisiana, 1983

Scott v. State, Department of Transportation & Development

Scott v. State, Department of Transportation & Development
Supreme Court of Louisiana · Decided March 18, 1983 · Blanche, Grant, Lemmon, Marcus, Writ
428 So. 2d 475; 1983 La. LEXIS 10316 (Southern Reporter, Second Series)

Scott v. State, Department of Transportation & Development

Opinion of the Court

In re: State of Louisiana, Dept. of Transportation and Development, applying for Writ of Certiorari or Review, to the Court of Appeal First Circuit, No. 82 CA 0059, 424 So.2d 284; Parish of Lafourche, 17th Judicial District Court, No. 41548.

Denied.

MARCUS and LEMMON, JJ., would grant the writ.

Dissenting Opinion

BLANCHE, Justice,

dissents from denial with reasons:

I would grant this writ to examine the issue of the driver’s contributory negligence. In my view, the presence of a drop off does not automatically render such a defect as the principal cause of the accident. See LeBlanc v. State, 419 So.2d 853 (La. 1982) (Blanche, J., dissenting); Sinitiere v. Lavergne, 391 So.2d 821 (La. 1980).

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