Supreme Court of Louisiana, 2019

Smith v. State

Smith v. State
Supreme Court of Louisiana · Decided April 8, 2019 · Actual, Alleged, Application, Art, Crichton, Defect, Department, Development, Docket, Dotd, Establish, Existence, Fact, Failed, Fall, Grant, Ins, Issue, Knowledge, Louisiana, Reasonable, Reasons, Rug, See, State, Support, Transportation, Trip, Whether
267 So. 3d 68 (Southern Reporter, Third Series)

Smith v. State

Opinion of the Court

In this trip and fall case I would grant and docket the writ application of State of Louisiana/Department of Transportation and Development (DOTD) to examine whether the plaintiff has presented sufficient factual support to establish the existence of a genuine issue of material fact: whether DOTD "had actual or constructive knowledge of the alleged (rug) defect and failed to take corrective measures within a reasonable time". See La. C.C.P. art. 966(D). See also Fontenot v. Patterson Ins. , 2009-0669 (La. 10/20/09), 23 So.3d 259, 268.

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