Townsend v. State ex rel. Department of Highways

(dissenting) :

Plaintiff filed this suit to recover for injuries to her minor son, Rory Vanderlick, which occurred while he was riding a bicycle on the Jackson Street Extension in Alexandria, Louisiana, allegedly as a result of a drainage grate along the side of the street which caught the wheel of his bicycle. The trial court dismissed plaintiff’s suit and the majority affirms on the basis of contributory negligence on the part of the bicycle rider.

I dissent from the majority opinion.

The trial court’s conclusion that the Department of Highways is not liable for this bicycle rider’s injuries…