Brooks v. State Ex Rel. Department of Transportation & Development
Supreme Court of Louisiana
1Opinion of the CourtVictory, J.
11We granted a writ in this wrongful death case to determine the scope of duty of the Louisiana Department of Transportation and Development (“DOTD”) to maintain the shoulder of a state highway. The specific issue is whether DOTD’s duty to maintain the shoulder encompasses the risk that a driver of a baekhoe not authorized for highway use will drive on the shoulder and attempt a sharp turn into a driveway at a relatively high rate of speed, hit a 2-4 inch depression in the asphalt, tip over, and be crushed by the baekhoe. After review of the record and the applicable law, we find DOTD’s duty…
Also in this document: Dissent.
2Cases cited16 opinions
- Entrevia v. HoodSupreme Court of Louisiana · 1983
- Reed v. Wal-Mart Stores, Inc.Supreme Court of Louisiana · 1998
- American Home Building Co. v. SlateLouisiana Court of Appeal · 1928
- Oster v. Dept. of Transp. & DevelopmentSupreme Court of Louisiana · 1991
- Rue v. State, Dept. of HighwaysSupreme Court of Louisiana · 1979
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3Cited by19 opinions
- Broussard v. State ex rel. Office of State BuildingsSupreme Court of Louisiana · 2013
- Chambers v. Village of MoreauvilleSupreme Court of Louisiana · 2012
- Greene v. Succession of AlvaradoLouisiana Court of Appeal · 2016
- Hutto v. McNeil-PPC, Inc.Louisiana Court of Appeal · 2011
- Ramos v. State ex rel. Department of Transportation & DevelopmentLouisiana Court of Appeal · 2013
14 more not listed; retrieve them via the Exa API.