Legal Opinion

Smith v. City of Monroe

Louisiana Court of Appeal

Decided April 10, 2019No. 52,605-CAPublished

1Opinion of the CourtMoore, J.

Kenneth Smith appeals a judgment that rejected his claim for personal injuries arising from an incident in which Smith, as a pedestrian, had his right hand struck by a passing motorist. We affirm.

FACTUAL BACKGROUND

Shortly before 3:00 AM on May 29, 2016, Smith was walking south on La. Hwy. 594 (also called Millhaven Road), a two-lane asphalt highway east of the city limits of Monroe, Louisiana. The road has no paved shoulder, only a few inches of asphalt beyond the fog line. Smith was walking on the left side of the road, by his admission, sometimes in the lane of traffic, sometimes straddling…

2Cases cited17 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  3. Broussard v. State ex rel. Office of State BuildingsSupreme Court of Louisiana · 2013
  4. Baumgartner v. State Farm Mut. Auto. Ins. Co.Supreme Court of Louisiana · 1978
  5. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr-Mcgee Rocky Mountain, LLCSupreme Court of Louisiana · 2015

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