Cited by
Opinions in Louisiana that cite Sinitiere v. Lavergne, 391 So. 2d 821.
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Clement v. Frey
653 So. 2d 1341
La. Ct. App. 1st Cir. 1995
Orillion, 639 So.2d at 466 .
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Jackson v. Ferrand
658 So. 2d 691
La. Ct. App. 4th Cir. 1994
Roberts, 605 So.2d at 1056
- Guidroz v. STATE, THROUGH DOTD 648 So. 2d 1361 La. Ct. App. 1st Cir. 1994
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Peterson v. Doe
647 So. 2d 1288
La. Ct. App. 4th Cir. 1994
Roberts, 605 So.2d at 1056
- Cornish v. STATE, DEPT. OF TRANSP. AND DEVELOP. & DEV. 647 So. 2d 1170 La. Ct. App. 1st Cir. 1994
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Bessard v. State, Dept. of Transp. and Development
645 So. 2d 1134
La. 1994
at 1291 ("Rather, the law requires DOTD to maintain the roadways and shoulders of the roads under its control in a reasonably safe condition for vehicular travel."); ("DOTD's duty to travelers is to keep the state's highways and their shoulders in a reasonably safe condition" ); Myers, supra, at 1171-72 ( Id.
- Beecher v. Keel 645 So. 2d 666 La. Ct. App. 4th Cir. 1994
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Quick v. Murphy Oil Co.
643 So. 2d 1291
La. Ct. App. 4th Cir. 1994
["Conduct is a cause in fact of harm to another if it was a substantial factor in bringing about that harm."]; ["but for" test applied to determine cause in fact]; (La.App.
- Lewis v. State 642 So. 2d 260 La. Ct. App. 2d Cir. 1994
- Orillion v. Carter 639 So. 2d 461 La. Ct. App. 1st Cir. 1994
- Longman v. Allstate Ins. Co. 635 So. 2d 343 La. Ct. App. 4th Cir. 1994
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Simpson v. State Through DOTD
636 So. 2d 608
La. Ct. App. 1st Cir. 1994
In Efferson, supra, for the proposition that DOTD has a duty to see that the highways are reasonably safe for persons exercising ordinary care and reasonable prudence.
- Ryland v. Liberty Lloyds Ins. Co. 630 So. 2d 1289 La. 1994
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Cay v. STATE, DOTD
631 So. 2d 393
La. 1994
[2] Sinitier vs. Lavergne
- Begnaud v. Dept. of Transp. & Dev. 631 So. 2d 467 La. Ct. App. 5th Cir. 1994
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Pino v. Gauthier
633 So. 2d 638
La. Ct. App. 1st Cir. 1993
-825 (La.1980), as follows: It has been repeatedly stated that the Department is not a guarantor of the safety of travelers but, rather, owes a duty to keep the highways and its shoulders reasonably safe for non-negligent motorists.
- Dent v. Perkins 629 So. 2d 1354 La. Ct. App. 4th Cir. 1993
- Hopkins v. Sovereign Fire & Cas. Ins. 626 So. 2d 880 La. Ct. App. 3d Cir. 1993
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Theriot v. Lasseigne
624 So. 2d 1267
La. Ct. App. 3d Cir. 1993
Holmes v. State, Through Dept. of Highways, (La.App.
- Hunter v. Dept. of Transp. and Dev. 620 So. 2d 1149 La. 1993
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Coley v. State, Through DOTD
621 So. 2d 41
La. Ct. App. 2d Cir. 1993
Rue v. State, Dept. of Highways
- Crooks v. National Union Fire Ins. Co. 620 So. 2d 421 La. Ct. App. 3d Cir. 1993
- Ryland v. Liberty Lloyds Ins. Co. 617 So. 2d 583 La. Ct. App. 3d Cir. 1993
- Smith v. City of New Orleans 616 So. 2d 1262 La. Ct. App. 4th Cir. 1993
- Cay v. State, Department of Transportation & Development 614 So. 2d 1293 La. Ct. App. 1st Cir. 1993
- Vascocu v. Acme Cement Products, Inc. 610 So. 2d 258 La. Ct. App. 3d Cir. 1992
- Grow v. Transocean Contractors, Inc. 610 So. 2d 830 La. Ct. App. 1st Cir. 1992
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Roberts v. Benoit
605 So. 2d 1032
La. 1992
"[l]egal cause requires a proximate relation between the actions of a defendant and the harm which occurs and such relation must be substantial in character," citing Dixie Drive It Yourself System, supra .
- Cosse v. Allen-Bradley Co. 601 So. 2d 1349 La. 1992
- Hanchey v. STATE, DOTD 597 So. 2d 1252 La. Ct. App. 3d Cir. 1992
- Mathieu v. STATE, DOTD 598 So. 2d 676 La. Ct. App. 3d Cir. 1992
- MacK v. City of Monroe 595 So. 2d 353 La. Ct. App. 2d Cir. 1992
- Nolan v. Jefferson Downs, Inc. 592 So. 2d 831 La. Ct. App. 5th Cir. 1991
- Pinion v. Louisiana Farm Bureau 590 So. 2d 1230 La. Ct. App. 1st Cir. 1991
- Hood v. State Through DOTD 587 So. 2d 755 La. Ct. App. 2d Cir. 1991
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McKeen Homeowners Ass'n, Inc. v. Oliver
586 So. 2d 679
La. Ct. App. 2d Cir. 1991
Fowler v. State Farm Fire & Casualty Ins.
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Sutton v. Duplessis
584 So. 2d 362
La. Ct. App. 4th Cir. 1991
(Citations omitted; emphasis added).
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Perez v. State, Through DOTD
578 So. 2d 1199
La. Ct. App. 4th Cir. 1991
Campo v. Louisiana Power & Light Company, (La.App.
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Roberts v. Benoit
574 So. 2d 1256
La. Ct. App. 4th Cir. 1991
Fowler v. State Farm Fire & Casualty Insurance Company, (La.
- Stovall v. Shell Oil Co. 577 So. 2d 732 La. Ct. App. 1st Cir. 1991
- Roberts v. STATE, DEPT. OF TRANSP. 576 So. 2d 85 La. Ct. App. 2d Cir. 1991
- Roberts v. State ex rel. Department of Transportation & Development 576 So. 2d 85 La. Ct. App. 2d Cir. 1991
- Spivey v. Super Valu 575 So. 2d 876 La. Ct. App. 2d Cir. 1991
- Desoto v. Cameron Parish Police Jury 574 So. 2d 547 La. Ct. App. 1st Cir. 1991
- Chuter v. Department of Highways 575 So. 2d 425 La. Ct. App. 1st Cir. 1991
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Oster v. Department of Transportation & Development, State of Louisiana
572 So. 2d 715
La. Ct. App. 1st Cir. 1990
More generally, the DOTD is also under a duty to properly maintain its property and “that duty extend[s] to protect the people who may foreseeably be placed in danger by an unreasonably dangerous condition.”
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Galliano v. State ex rel. Department of Transportation & Development
572 So. 2d 366
La. Ct. App. 1st Cir. 1990
Rue v. State, Department of Highways, (La.App.
- Dubois v. State Farm Ins. Co. 571 So. 2d 201 La. Ct. App. 3d Cir. 1990
- Rochelle v. STATE, DOTD 570 So. 2d 13 La. Ct. App. 3d Cir. 1990
- Dodson v. Webster Parish Police Jury 564 So. 2d 760 La. Ct. App. 2d Cir. 1990