Rodriguez v. New Orleans Public Service, Inc.

Supreme Court of Louisiana
Rodriguez v. New Orleans Public Service, Inc., 435 So. 2d 423 (La. 1983)
1983 La. LEXIS 12560
Dennis

Rodriguez v. New Orleans Public Service, Inc.

Opinion of the Court

DENNIS, Judge,

dissenting.

I respectfully dissent.

Included in those risks associated with the conducting of a common carrier enterprise is the risk of harm to a passenger caused by unruly fellow passengers whom the common carrier fails to oversee despite adequate reason to do so. That exact risk is present in this case and I see no reason to forsake our rule which would impose the highest degree of care upon a common carrier to guard against such attacks. Furthermore, as expressed in the reasons assigned by Calogero, J., I believe that the facts support plaintiff’s recovery under a standard of reasonable care.

Reference

Full Case Name
Severino RODRIGUEZ v. NEW ORLEANS PUBLIC SERVICE, INC.
Cited By
1 case
Status
Published