Opinion

Deumite v. State

668 So. 2d 727
1996 La. LEXIS 610
1996 WL 83874

Court: Supreme Court of Louisiana
Filed: Feb 28, 1996
Status: Published
Author: Lemmon
On the bench: Johnson, Lemmon, Livictory, Reasons
Cited by: 6 cases
Authority: More cited than 0.5%

The opinion

| ]LEMMON, Justice,

concurring.

I believe that the State is entitled to the same recreational use immunity as a private citizen under La.Rev.Stat. 9:2791. Monte-ville v. Terrebonne Parish Consol. Gov’t, 567 So.2d 1097 (La.1990) (Marcus, Lemmon & Cole, JJ., concurring). Under that view, the Department does not have to utilize La.Rev. Stat. 9:2795 E in order to be entitled to immunity in this case, if the water bottoms meet the Keelen test. The majority properly refused to reach the constitutional issue.

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