Legal Opinion

Lenard v. Dilley

Louisiana Court of Appeal

Decided April 4, 2001No. 34,588-CWPublished

1Opinion of the Court

h CARAWAY, J.

Plaintiff was granted supervisory review in this case after the trial court announced a proposed jury instruction regarding the standard of care applicable to the actions of an emergency vehicle driver, whose ambulance was struck from the rear while parked partially in a lane of an interstate highway. The proposed instruction, like the applicable statute, La. R.S. 32:24(D), lists the standard both in terms of ordinary negligence and gross negligence. Finding error in the trial court’s ruling, we reverse, revise the disputed jury instruction, and remand.

Facts and Procedural History

2Cases cited8 opinions

  1. Dixie Drive It Yourself System New Orleans Co. v. American Beverage Co.Supreme Court of Louisiana · 1962
  2. City of Amarillo v. MartinTexas Supreme Court · 1998
  3. Dupree v. City of New OrleansSupreme Court of Louisiana · 2000
  4. LeJeune v. Union Pacific RRSupreme Court of Louisiana · 1998
  5. Smith v. Commercial Union Ins. Co.Louisiana Court of Appeal · 1992

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