Scott v. State, Department of Transportation & Development

Supreme Court of Louisiana
Scott v. State, Department of Transportation & Development, 428 So. 2d 475 (La. 1983)
1983 La. LEXIS 10316
Blanche, Grant, Lemmon, Marcus, Writ

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).

Reference

Full Case Name
Kuumba Nakazia SCOTT, and Dorothy Scott, as Dative Tutrix v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
Status
Published