Cited by
Opinions in Louisiana that cite Rue v. State, Dept. of Highways, 372 So. 2d 1197.
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Bethea v. La. Dept. of Transp. & Development
415 So. 2d 535
La. Ct. App. 1st Cir. 1982
Rue v. State, Department of Highways, (La.
- Ishee v. State, Through Dept. of Transp. 413 So. 2d 1362 La. Ct. App. 1st Cir. 1982
- McLeod v. Parish of East Baton Rouge 414 So. 2d 1341 La. Ct. App. 1st Cir. 1982
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Smith v. State ex rel. Department of Transportation & Development
412 So. 2d 685
La. Ct. App. 1st Cir. 1982
2d Cir. 1979); writ denied Rue v. State, Department of Highways, (La.App.
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Smith v. STATE, THROUGH DEPT. OF TRANSP., ETC.
412 So. 2d 685
La. Ct. App. 2d Cir. 1982
2d Cir. 1979); writ denied Rue v. State, Department of Highways, (La.App.
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Toups v. L. H. Bossier, Inc.
410 So. 2d 1207
La. Ct. App. 1st Cir. 1982
the Department’s duty was extended to include persons who drive onto the shoulder inadvertently where there was neither knowledge nor reason to know of either a defective condition of the shoulder or any other defective condition that would make such action hazardous.
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Bacile v. Parish of Jefferson
411 So. 2d 1088
La. Ct. App. 4th Cir. 1981
Rue v. State, Dept. of Hwys., (La.App.
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Otzenberger v. Atlas Construction Co.
408 So. 2d 363
La. Ct. App. 1st Cir. 1981
Rue v. State, Department of Highways, (La.App.
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LeBlanc v. STATE, LA. DEPT. OF HIGHWAYS
405 So. 2d 635
La. Ct. App. 3d Cir. 1981
1980); Rue v. State, Department of Highways, (La.App.
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Oliver v. Capitano
405 So. 2d 1102
La. Ct. App. 4th Cir. 1981
1979, , is applicable here.
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Swanson v. Estate of Augusta
403 So. 2d 118
La. Ct. App. 4th Cir. 1981
The case of Rue v. State, Department of Highways, is also noteworthy for purposes of analysis of the present case: "Under a simple `but-for' analysis the accident would not have occurred had either the Highway Department not been negligent in failing to maintain the shoulder or the plaintiff not been negligent (and for present purposes we assume her
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Edwards v. State, Dept. of Transp. & Devel.
403 So. 2d 109
La. Ct. App. 3d Cir. 1981
NOTES [1] In so holding, the trial judge relied on Rue v. State, Department of Highways, the leading case at the time.
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Acosta v. State, Department of Highways
399 So. 2d 1189
La. Ct. App. 1st Cir. 1981
Frey relies on the following language in Rue v. State, Dept. of Highways, : “A motorist has a right to assume that a highway shoulder, the function of which is to accommodate motor vehicles intentionally or unintentionally driven thereon, is maintained in a reasonably safe condition.
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McDaniel v. State, Dept. of Transp. & Dev.
398 So. 2d 88
La. Ct. App. 3d Cir. 1981
The court in Rue v. State, Department of Highways, stated that a motorist's duty to drive reasonably does not extend to the risk of injury from striking an unexpected and unexpectable hazard resulting from a negligently maintained highway shoulder.
- Shipp v. City of Alexandria 395 So. 2d 727 La. 1981
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Godwin v. Government Employees Ins. Co.
394 So. 2d 751
La. Ct. App. 3d Cir. 1981
In spite of this conclusion, the trial judge, on remand, (La.App.
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LeJeune v. Braswell
394 So. 2d 1277
La. Ct. App. 1st Cir. 1981
Rue v. State, Department of Highways
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Sibley v. Menard
398 So. 2d 590
La. Ct. App. 1st Cir. 1980
On appeal, Menard relies upon Rue v. State, Department of Highways
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Maxwell v. STATE, DEPT. OF TRANSP., ETC.
391 So. 2d 1230
La. Ct. App. 1st Cir. 1980
This case, like Rue v. State, Department of Highways, presents primarily the issue of whether a motorist who inadvertently drives off the paved portion of a state highway onto the shoulder, and who thereby loses control of her vehicle due to the condition of the roadway and shoulder, is barred from recovery for her injuries.
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St. Pierre v. Washofsky
391 So. 2d 78
La. Ct. App. 4th Cir. 1980
See Rue v. State, Dept. Hwys.
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Sinitiere v. Lavergne
391 So. 2d 821
La. 1980
At issue in this case is whether the Court's decision in Rue v. State, Department of Highways, (La.
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Followed
Domingo v. State ex rel. Department of Transportation
388 So. 2d 137
La. Ct. App. 1st Cir. 1980
Nevertheless the conclusion is unassailable that the accident would not have happened if the road had smooth shoulders at the same level as the concrete road, as apparently required by Rue v. State, Dept. Hwys., La.1979, , which we follow in affirming the judgment appealed from.
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Besnard v. Department of Highways
381 So. 2d 1303
La. Ct. App. 4th Cir. 1980
That the way is reasonably safe for travel and free from defects and unlawful obstructions; (b) That those charged with the duty of keeping it so have exercised a proper degree of diligence in so doing; (c) That it will not be obstructed unlawfully or in such a manner as to cause an injury to him while he is in the exercise of due and reasonable care; * * *.'" In Rue v. State, Dept. of Highways, the Court said: "Under a simple `but-for' analysis the accident would not have occurred had either th
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Sinitiere v. Lavergne
381 So. 2d 522
La. Ct. App. 1st Cir. 1980
FORET, Judge, concurring: I reluctantly concur for two reasons: (1) while I find it difficult to vote in favor of the reversal of the trial court, and allow recovery to Gerald Lavergne, a dissent would cause a five-judge re-argument, which I would rather avoid, and (2) for the reason that although I disagree with the case of Rue v. State of Louisiana, Department of Highways, we are nevertheless bound by it.
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Sullivan v. Gulf States Utilities Co.
382 So. 2d 184
La. Ct. App. 1st Cir. 1980
The plaintiff urges that the case of Rue v. State, Department of Highways, should allow him to recover in this case.
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Wall v. American Employers Ins. Co.
377 So. 2d 369
La. Ct. App. 2d Cir. 1980
Tammany Parish Police Jury, Rue v. State, Dept. of Highways
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Brummerloh v. Firemen's Ins. Co. of Newark
377 So. 2d 1301
La. Ct. App. 3d Cir. 1979
Rue v. State, Department of Highways, "
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Rue v. State, Dept. of Highways
376 So. 2d 525
La. Ct. App. 3d Cir. 1979
This matter comes before us on remand by the Louisiana Supreme Court in Patricia C. Rue and Lloyd Rue, Jr. v. State of Louisiana, Department of Highways
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Rodgers v. State, Dept. of Highways
376 So. 2d 1295
La. Ct. App. 2d Cir. 1979
Rue v. State, Department of Highways
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Brown v. Louisiana Dept. of Highways
373 So. 2d 605
La. Ct. App. 3d Cir. 1979
Rue v. State, Department of Highways