Legal Opinion
David Dagnall v. Succession of Barney Gegenheimer, Department of Highways, State of Louisiana
Court of Appeals for the Fifth Circuit
Decided December 3, 1980No. 79-1805PublishedCited by 9 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge:
The Louisiana Department of Highways (the Department) appeals from a judgment rendered against it in this negligence action. The eleventh amendment, the Supreme Court’s interpretations thereof, and the law of the State of Louisiana require the vacation of this judgment and dismissal of the appeal.
David Dagnall and two co-workers were going to work on the Pontchartrain Expressway in New Orleans at four o’clock a. m. on July 4,1975, when a vehicle driven by Gegenheimer in the opposite direction went out of control, crossed the concrete median after straddling it for…
2Cases cited3 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- American Telephone & Telegraph Co. v. Madison Parish Police JuryDistrict Court, W.D. Louisiana · 1977
3Cited by9 opinions
- Edgar Freimanis v. Sea-Land Service, Inc. And Department of Highways of the State of LouisianaCourt of Appeals for the Fifth Circuit · 1981
- Magnolia Venture Capital Corporation v. Prudential Securities, Inc., Mississippi Department of Economic and Community DevelopmentCourt of Appeals for the Fifth Circuit · 1998
- Fireman's Fund Insurance Company v. Department of Transportation and Development, State of LouisianaCourt of Appeals for the Fifth Circuit · 1986
- David Dagnall v. Succession of Barney Gegenheimer, Department of Highways, State of LouisianaCourt of Appeals for the Fifth Circuit · 1981
- American Federation of State, County & Municipal Employees v. VirginiaDistrict Court, W.D. Virginia · 1996
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