Ramos v. State ex rel. Department of Transportation & Development

AMY, Judge.

LThe plaintiff was seriously injured after falling from a rope swing into a creek *1068allegedly located on a right-of-way of the State of Louisiana, Department of Transportation and Development. After other defendants were dismissed, DOTD filed a motion for summary judgment, arguing that it was entitled to recreational use immunity under La.R.S. 9:2791 and La. R.S. 9:2795 and that the plaintiff could not establish DOTD’s liability for his injuries. The trial court granted DOTD’s motion for summary judgment. The plaintiff appeals. For the following reasons, we reverse and remand.

Factual…