Cited by
Opinions in Louisiana that cite Sinitiere v. Lavergne, 391 So. 2d 821.
- Vicki Hood v. Sasol Chemicals USA, LLC La. Ct. App. 3d Cir. 2024
- Favre v. Boh Bros. Construction Co. 90 So. 3d 481 La. Ct. App. 5th Cir. 2012
- Roger Vestal v. Cynthia D. Kirkland La. Ct. App. 3d Cir. 2011
- Vestal v. Kirkland 81 So. 3d 748 La. Ct. App. 1st Cir. 2011
- Tonya Lynn Boudreaux v. R. E. Heidt Construction Co., Inc. La. Ct. App. 3d Cir. 2010
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Melba Lee See v. Entergy Corporation
La. Ct. App. 3d Cir. 2009
“A motorist’s 21 duty of reasonable care includes the duty to keep his vehicle under control.” Sinitiere 22 v. Lavergne, (citations omitted).
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See v. Entergy Corp.
24 So. 3d 267
La. Ct. App. 1st Cir. 2009
“A motorist’s duty of reasonable care includes the duty to keep his vehicle under control.” (citations omitted).
- Tassin v. Bendel 989 So. 2d 217 La. Ct. App. 1st Cir. 2008
- Everhardt v. LOUISIANA DOTD 978 So. 2d 1036 La. Ct. App. 4th Cir. 2008
- Christopher Sims v. Liberty Mutual Insurance Co. La. Ct. App. 3d Cir. 2005
- Sims v. Liberty Mut. Ins. Co. 897 So. 2d 834 La. Ct. App. 3d Cir. 2005
- Siverd v. Permanent General Insurance Co. 894 So. 2d 1204 La. Ct. App. 1st Cir. 2005
- Giorgio v. Alliance Operating Corp. 886 So. 2d 1283 La. Ct. App. 4th Cir. 2004
- Musacchia v. Hilton New Orleans Corp. 876 So. 2d 901 La. Ct. App. 1st Cir. 2004
- Jefferson v. Cooper/T. Smith Corp. 858 So. 2d 691 La. Ct. App. 4th Cir. 2003
- Shofstahl v. Board of Commissioners 841 So. 2d 1 La. Ct. App. 1st Cir. 2003
- Shofstahl v. BD. OF COM'RS OF ORLEANS LEVEE 841 So. 2d 1 La. Ct. App. 4th Cir. 2003
- Darbone v. State 815 So. 2d 943 La. Ct. App. 3d Cir. 2002
- Rosen v. State ex rel. Department of Transportation & Development 809 So. 2d 498 La. Ct. App. 1st Cir. 2002
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Kimberly v. State ex rel. Department of Transportation & Development
805 So. 2d 428
La. Ct. App. 1st Cir. 2001
The rationale for extending liability to drop-off victims is based on “an implicit necessity for the functional use of a shoulder [and] a connection between the roadway and shoulder that allows for safe gradual movement from one to the other.” Id.
- Hicks v. State 802 So. 2d 1005 La. Ct. App. 2d Cir. 2001
- Fryson v. Dupre Transport, Inc. 798 So. 2d 1012 La. Ct. App. 4th Cir. 2001
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Menard v. City of Lafayette
786 So. 2d 354
La. Ct. App. 3d Cir. 2001
Holmes v. State, Through Dept. of Highways, (La.App.
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Snearl v. Mercer
780 So. 2d 563
La. Ct. App. 1st Cir. 2001
1st Cir.6/24/94), , writ denied, 94-2289 (La.11/18/94)
- Odom v. City of Lake Charles 790 So. 2d 51 La. Ct. App. 3d Cir. 2001
- Crooks v. Metropolitan Life Ins. Co. 779 So. 2d 966 La. Ct. App. 3d Cir. 2001
- Nunez v. Commercial Union Ins. Co. 774 So. 2d 208 La. Ct. App. 3d Cir. 2000
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Dupree v. City of New Orleans
765 So. 2d 1002
La. 2000
While motorists are charged with a duty of reasonable care to maintain a careful lookout, observe any obstructions present, and exercise care to avoid them, they have a right to assume that the roadway is reasonably safe for use until they know, or should know, of an existing hazard.
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LeBlanc v. Stevenson
756 So. 2d 356
La. Ct. App. 3d Cir. 2000
Roberts, 605 So.2d at 1056
- Sevario v. State Ex Rel. Dept. of Transp. 752 So. 2d 221 La. Ct. App. 1st Cir. 1999
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Cormier v. Comeaux
748 So. 2d 1123
La. 1999
Brown, supra (excessive shoulder slope and excessive rollover on curve was 25% cause of accident, despite fact that driver fell asleep and failed to negotiate the curve; DOTD not liable however for abandoned driveway on shoulder which driver collided with and which caused his car to become airborne); (although the DOTD is not the guarantor of the safety of all motorists, DOTD 50% liable because 3-4 inch drop off from road to shoulder caused driver to lose control); Ledbetter, supra (lack of warn
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Magnon v. Collins
739 So. 2d 191
La. 1999
("[A] judgment will not be amended by this Court to benefit a party who did not apply for certiorari.").
- Swindle v. Body Blasters Gym, Inc. 728 So. 2d 977 La. Ct. App. 2d Cir. 1999
- Pesson v. Reynolds 727 So. 2d 507 La. Ct. App. 1st Cir. 1998
- Caruthers v. State 711 So. 2d 420 La. Ct. App. 3d Cir. 1998
- Aetna Cas. & Surety Co. v. State Through Dept. of Transp. and Dev. 712 So. 2d 216 La. Ct. App. 1st Cir. 1998
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Graves v. Page
703 So. 2d 566
La. 1997
Sinitiere v. Lavergne v. State of Louisiana, Through the Department of Transportation and Development, There are many cases that answer the inquiry whether or not, as a factual matter, the absence of a shoulder or the presence of an inadequate shoulder creates an unreasonable risk of harm.
- Thompson v. State 701 So. 2d 952 La. 1997
- Grant v. Allstate Ins. Co. 696 So. 2d 275 La. Ct. App. 3d Cir. 1997
- Tassin v. State Farm Ins. Co. 692 So. 2d 604 La. Ct. App. 3d Cir. 1997
- Hardenstein v. COOK CONST. INC. 691 So. 2d 177 La. Ct. App. 1st Cir. 1997
- Grant v. Allstate Insurance Co. 688 So. 2d 703 La. Ct. App. 1st Cir. 1997
- Thornhill v. STATE DEPT. OF TRANSP. 676 So. 2d 799 La. Ct. App. 1st Cir. 1996
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Shephard ex rel. Shephard v. Scheeler
674 So. 2d 1135
La. Ct. App. 1st Cir. 1996
Co., -72 (La.1986); Sinitierre (sic) v. Lavergne, State Farm Mut.
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Spiller v. State ex rel. Department of Transportation & Development
668 So. 2d 1318
La. Ct. App. 1st Cir. 1996
for the proposition that a governmental entity must keep the highways reasonably safe for non-negligent motorists.
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Guzman v. State
664 So. 2d 1343
La. Ct. App. 1st Cir. 1995
Hood v. State, Department of Transportation and Development, 587 So.2d at 759.
- Duplantis v. Danos 664 So. 2d 1383 La. Ct. App. 1st Cir. 1995
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Rogers v. Roch
663 So. 2d 811
La. Ct. App. 5th Cir. 1995
5 Cir.1982), as follows:
- Donavan v. Jones 658 So. 2d 755 La. Ct. App. 2d Cir. 1995
- Lewis v. STATE, DEPT. OF TRANSPORTATION & DEV. 654 So. 2d 311 La. 1995