Opinion

Moran v. State ex rel. Department of Health & Hospitals

  • 97 La.App. 3 Cir. 1464
  • 715 So. 2d 523
  • 1998 La. App. LEXIS 1510
  • 1998 WL 283587
Court
Louisiana Court of Appeal
Filed
Jun 3, 1998
Status
Published
Author
Jthibodeaux
On the bench
Amy, Cooks, Doucet, Jthibodeaux, Liamy, Thibodeaux, Yelverton
Cited by
0 cases

The opinion

| jTHIBODEAUX, Judge,

concurring.

I concur in the result reached. In my view, this cases involves the question of whether a legal cause, not a duty, existed which would have imposed liability on the state. I agree with the trial court that the state had the duty not to release the juvenile and to place him in a more restrictive environment. However, I do not believe that the scope of that duty encompassed the risk that the juvenile would have caused injuries to the plaintiffs under the circumstances of this ease. Furthermore, I do not believe that the state’s liability, if any existed, would have been shielded under the discretionary immunity provided by La.R.S. 9:2798.1(C).

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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