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

> Louisiana Court of Appeal · June 3, 1998 · 97 La.App. 3 Cir. 1464

URL: https://www.frixlaw.com/law-library/cases/7715636

## Case

- **Full name:** Conrad MORAN v. STATE of Louisiana, Through the DEPARTMENT OF HEALTH AND HOSPITALS
- **Court:** Louisiana Court of Appeal
- **Decided:** June 3, 1998
- **Citations:** 97 La.App. 3 Cir. 1464; 715 So. 2d 523; 1998 La. App. LEXIS 1510; 1998 WL 283587
- **Precedential status:** Published
- **Opinion:** Concurrence by Jthibodeaux
- **Judges:** Amy, Cooks, Doucet, Jthibodeaux, Liamy, Thibodeaux, Yelverton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7715636

## Opinion text

| 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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7715636. Public record. Not legal advice.