Opinion

Claire v. Crescent Construction Co.

  • 97 La.App. 5 Cir. 971
  • 722 So. 2d 1217
  • 1998 La. App. LEXIS 3639
Court
Louisiana Court of Appeal
Filed
Dec 16, 1998
Status
Published
Author
Ligaudin
On the bench
Bgothard, Gaudin, Gothard, Ligaudin, Wicker
Cited by
1 cases

The opinion

liGAUDIN, J.,

dissenting with reasons.

I respectfully dissent, being of the opinion that the DOTD was not responsible for this accident. While it was raining, the only evidence of standing water was Ritney Harris’ testimony. The bridge slopes to the outside of the roadway. No other witness saw standing water. Also, there was no evidence that any AASHTO standard or guideline was violated; consequently, there was no constructive notice to the DOTD of any defect or hazardous condition. At the very least, Harris should be partially responsible for this accident.

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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