Opinion

Herrin v. Perry

  • 215 So. 2d 177
  • 1968 La. App. LEXIS 4627
Court
Louisiana Court of Appeal
Filed
Oct 31, 1968
Status
Published
Author
Tate
On the bench
Assigns, Culpepper, From, Granted, Hood, Reasons, Should, Tate, That
Cited by
12 cases
Authority
More cited than 24.8%

writs granted, affirmed, 254 La. 933, 228 So.2d 649 (1969)

How later courts described this case

  • writs granted, affirmed, 254 La. 933, 228 So.2d 649 (1969)

Written by the judges who cited it.

The opinion

TATE, Judge.

The writer respectfully dissents from the reversal of the trial court, for the reasons stated in his dissent in Perry v. Herrin, 215 So.2d 174 .

The writer agrees that the highway department’s negligence was a proximate cause of the accident and that under decisions of our Supreme Court, which we must follow, governmental immunity is no longer available because of the legislative consent to suit manifested by the “sue and be sued” clause of the act creating it. However, I am unable to find that the trial court committed error in finding Mrs. Perry free from fault, and the present plaintiff driver at fault. For these reasons, I am unable to sign the majority opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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