Graves v. Page
Louisiana Court of Appeal
1Dissent
| iDOUCET, Chief Judge,
Dissenting.
After applying a duty-risk analysis to the facts of this ease I cannot find any duty on the part of the State of Louisiana, Department of Transportation and Development (DOTD), to protect the plaintiff from the risk of being struck by a drunken driver [with a blood alcohol of 0.29%], who lost control of his vehicle while fleeing two deputies in hot pursuit, and exceeding both the posted speed limit and the advisory speed for the curve where the accident happened.
The facts in this case are not in dispute. The only issue before the court is whether or not…
2Cases cited2 opinions
- Campbell v. DEPTARTMENT OF TRANSP. & DEV.Supreme Court of Louisiana · 1995
- Sloan v. DaileyLouisiana Court of Appeal · 1995