# Claire v. Crescent Construction Co.

> Louisiana Court of Appeal · December 16, 1998 · 97 La.App. 5 Cir. 971

URL: https://www.frixlaw.com/law-library/cases/7718798

## Case

- **Full name:** Claire and Joseph COOK v. CRESCENT CONSTRUCTION COMPANY
- **Court:** Louisiana Court of Appeal
- **Decided:** December 16, 1998
- **Citations:** 97 La.App. 5 Cir. 971; 722 So. 2d 1217; 1998 La. App. LEXIS 3639
- **Precedential status:** Published
- **Opinion:** Dissent by Ligaudin
- **Judges:** Bgothard, Gaudin, Gothard, Ligaudin, Wicker
- **Cited by:** 1 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/7718798

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7718798. Public record. Not legal advice.