Legal Opinion

Miller v. Fields

Louisiana Court of Appeal

Decided October 11, 1990No. 89-CA-2025PublishedCited by 6 opinions

1Opinion of the Court

WILLIAMS, Judge.

Plaintiffs, Judy Dupclay Miller and Earl Miller, Sr., appeal the trial court judgment in favor of defendant, State of Louisiana, Department of Transportation and Development (DOTD). The issues before this Court are: 1) whether the trial court was clearly wrong in its finding that plaintiffs failed to prove that their deceased son violated the control of access to Interstate-10 just before he was struck and killed by a vehicle on the service road; 2) if so, whether a gap in the control of access barrier to Interstate 10 was a cause-in-fact of the accident in this case; and 3)…

2Cases cited11 opinions

  1. Arceneaux v. DomingueSupreme Court of Louisiana · 1978
  2. Hill v. Lundin & Associates, Inc.Supreme Court of Louisiana · 1972
  3. Shelton v. Aetna Casualty & Surety CompanySupreme Court of Louisiana · 1976
  4. Laird v. Travelers Insurance CompanySupreme Court of Louisiana · 1972
  5. Annis v. ShapiroLouisiana Court of Appeal · 1987

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3Cited by6 opinions

  1. Perkins v. Entergy Corp.Louisiana Court of Appeal · 2000
  2. Estate of Thomas v. STATE, DOTDLouisiana Court of Appeal · 1992
  3. Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance CompanyLouisiana Court of Appeal · 2020
  4. Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance CompanyLouisiana Court of Appeal · 2021
  5. Miller v. FieldsSupreme Court of Louisiana · 1991

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