Washington v. State, Department of Transportation & Development

| iWOODARD, Judge,

dissenting.

Based on Louisiana Civil Code Article 2317 and Hakim v. Albritton, 552 So.2d 548 (La. App. 2 Cir.1989), I respectfuUy dissent from the majority’s conclusion that Wilson Oil did not owe a duty to Ms. Jackson not to obstruct her view with a Marlboro sign located on its property. The majority concludes that Wilson Oil did not owe a legal duty because plaintiffs did not allege that “Wilson Oil owned the sign or that Wilson Oil was in any way responsible for the placement of the sign.” [Emphasis Added.] I submit that under Hakim, supra, and that under Article 2317,…