Jenkins v. State, Department of Transportation & Development

I respectfully dissent, in part, from the majority opinion affirming the trial court judgment in this case for the reasons which follow.

Initially, I do not agree that the trial court properly found no fault on the part of either the driver of the vehicle or plaintiff, the passenger. With regard to the driver of the vehicle, the trial court found that he “inadvertently dropped off the edge of the roadway....” Defendant, the State of Louisiana, contends on appeal that “inadvertent” means “[n]ot attentive or observant ... [or] ... [d]ue to oversight ... ”; I agree. Allowing one’s vehicle to…