Nunez v. Smith

GULOTTA, Judge.

The State of Louisiana, through the Department of Transportation and Development, (DOTD), appeals from a judgment for personal injuries to a car passenger caused by a defect in the shoulder of a state highway. We affirm.

The accident occurred on October 1, 1982, on Louisiana Highway 46 in St. Bernard Parish near the Cutreras Plantation monument. At the scene, La. 46 is a two-lane paved highway bordered by a ditch. There is an 8-10 inch “drop-off” or difference in level between the highway’s surface and its narrow shell shoulder. William A. Nunez was a guest passenger in a…