Kimble v. East Baton Rouge Parish

J2SHORTESS, Judge.

Charles Kimball (plaintiff) was driving on Dyer Road in East Baton Rouge Parish on September 12, 1987, at approximately 5:15 a.m. He encountered a patch of heavy fog and ran off the roadway, down an embankment, and into a ditch, and sustained personal injuries. Plaintiff sued the City and Parish of East Baton Rouge (defendant), claiming it failed to properly maintain the roadway and shoulder, failed to install warning signs, and failed to properly construct shoulders on the roadway. After a bench trial, the trial court found plaintiff was free from fault. Plaintiff was…