Cited by
Opinions in Louisiana that cite Sinitiere v. Lavergne, 391 So. 2d 821.
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Schilling v. US Fidelity & Guar. Co.
487 So. 2d 127
La. Ct. App. 1st Cir. 1986
as follows at p. 824-825: 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.
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Thompson v. Tuggle
486 So. 2d 144
La. Ct. App. 3d Cir. 1986
in which the Supreme *158 Court, citing Dixie and other cases, said: "Negligence is only actionable where it is both a cause in fact of the injury and a legal cause of the injury.
- Fowler v. State Farm Fire & Cas. Ins. Co. 485 So. 2d 168 La. Ct. App. 2d Cir. 1986
- Forest v. State ex rel. Louisiana Department of Transportation & Development 483 So. 2d 1313 La. Ct. App. 1st Cir. 1986
- Armand v. La. Power & Light Co. 482 So. 2d 802 La. Ct. App. 4th Cir. 1986
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Pleune v. State ex rel. Department of Transportation & Development
481 So. 2d 1365
La. Ct. App. 1st Cir. 1985
Sinitiere vs. Lavergne, (La.App.
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Meaux v. Ideal Mutual Insurance Co.
479 So. 2d 999
La. Ct. App. 1st Cir. 1985
(1980); Dixie Drive It Yourself, supra.
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Nunez v. Smith
480 So. 2d 383
La. Ct. App. 1st Cir. 1985
McDaniel v. State, Dept. of Transp.
- Guidry v. Whitmore 477 So. 2d 1298 La. Ct. App. 1st Cir. 1985
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Jones v. State, Dept. of Transp. & Develop.
478 So. 2d 691
La. Ct. App. 3d Cir. 1985
Rue v. State, Department of Highways
- Andrus v. State, Dept. of Transp. and Dev. 476 So. 2d 1077 La. Ct. App. 3d Cir. 1985
- Schexnayder v. State 477 So. 2d 1175 La. Ct. App. 1st Cir. 1985
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Murphy v. Hill
476 So. 2d 383
La. Ct. App. 5th Cir. 1985
Rue v. State, Department of Highways
- Ryan v. State 477 So. 2d 110 La. Ct. App. 1st Cir. 1985
- Murphy v. State 475 So. 2d 24 La. Ct. App. 1st Cir. 1985
- Bennett v. National Fire & Marine Insurance Co. 472 So. 2d 256 La. Ct. App. 1st Cir. 1985
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Wise v. La. Dept. of Transp. & Development
470 So. 2d 954
La. Ct. App. 3d Cir. 1985
This holding in Rue, supra, in which the Supreme Court stated that if a driver is chargeable with knowledge of the defect and nonetheless breaches his duty of safety to himself and to others by leaving the roadway, then he is guilty of contributory negligence *957 and barred from recovering.
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Golden v. Madden Contracting Co., Inc.
469 So. 2d 1039
La. Ct. App. 2d Cir. 1985
LeBlanc v. State, Dept. of Highways, writ denied Smith v. State, Through Dept. of Transportation and Development, (La.
- Keller v. Forsythe 467 So. 2d 1315 La. Ct. App. 1st Cir. 1985
- Holmes v. State Through Dept. of Highways 466 So. 2d 811 La. Ct. App. 3d Cir. 1985
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Reyes v. State
466 So. 2d 538
La. Ct. App. 1st Cir. 1985
where the Supreme Court held 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.
- Broussard v. Yellow Freight Lines, Inc. 464 So. 2d 987 La. Ct. App. 1st Cir. 1985
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Quinn v. State, Through Dept. of Highways
464 So. 2d 357
La. Ct. App. 3d Cir. 1985
and Edwards v. State Dept. of Transp.
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Grappe v. State, Dept. of Transp. & Dev.
462 So. 2d 1337
La. Ct. App. 3d Cir. 1985
Rue v. State, Department of Highways
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Daigre v. DEPARTMENT OF TRANSP. AND DEVELOPMENT
461 So. 2d 609
La. Ct. App. 1st Cir. 1984
(1st Cir.1982) in correctly stating both the duty owed by DOTD and the consequences which flow from a breach of that duty.
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Morris v. STATE THROUGH DEPT. OF TRANSP.
461 So. 2d 606
La. Ct. App. 1st Cir. 1984
As this court held in Sinitiere, [ ], it does not protect a motorist against a shoulder defect or obstruction of which he had knowledge and a reasonable opportunity to avoid.
- Walker v. DEPT. OF TRANSP. & DEVELOPMENT, OFFICE OF HIGHWAYS 460 So. 2d 1132 La. Ct. App. 2d Cir. 1984
- Efferson v. State, Through Dept. of Transp. & Dev. 463 So. 2d 1342 La. Ct. App. 1st Cir. 1984
- Pitre v. Aetna Ins. Co., Inc. 456 So. 2d 626 La. 1984
- Robinson v. STATE THROUGH DEPT. OF TRANSP. & DEV. 454 So. 2d 257 La. Ct. App. 1st Cir. 1984
- Robinson v. State ex rel. Department of Transportation & Development 454 So. 2d 257 La. Ct. App. 1st Cir. 1984
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Ponder v. Groendyke Transport, Inc.
454 So. 2d 823
La. Ct. App. 3d Cir. 1984
3rd Cir.1974); Smith v. Borchers, 243 La.
- Lodrigue v. Houma-Terrebonne Airport Commission 450 So. 2d 1004 La. Ct. App. 1st Cir. 1984
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Nicholson v. Louisiana Department of Transportation & Development
449 So. 2d 178
La. Ct. App. 1st Cir. 1984
Rue v. State, Department of Highways
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Nicholson v. LA. DEPT. OF TRANSP. & DEVELOP.
449 So. 2d 178
La. Ct. App. 3d Cir. 1984
Rue v. State, Department of Highways
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Lang v. Prince
447 So. 2d 1112
La. Ct. App. 1st Cir. 1984
Rue v. State, Department of Highways, (La.
- Roussel v. Berryhill 444 So. 2d 1286 La. Ct. App. 5th Cir. 1984
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Thomas v. Jackson
442 So. 2d 1186
La. Ct. App. 2d Cir. 1983
Rue v. State, Dept. of Highways, Smith v. State, through Dept. of Transp., Etc., (La.App.
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McSweeney v. Dept. of Transp. & Development
442 So. 2d 659
La. Ct. App. 1st Cir. 1983
The holding in Rue, supra, rehearing denied 1980.
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Allison v. City of Baton Rouge
439 So. 2d 570
La. Ct. App. 1st Cir. 1983
rehearing denied 1980; rehearing denied 1979.
- Garrick v. Washington Parish 440 So. 2d 787 La. Ct. App. 1st Cir. 1983
- Peyton v. Bogan 434 So. 2d 540 La. Ct. App. 2d Cir. 1983
- Rivet v. State, Through Dept. of Transp. 434 So. 2d 436 La. Ct. App. 3d Cir. 1983
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Criticized
Taylor v. State
431 So. 2d 876
La. Ct. App. 2d Cir. 1983
wherein Dixie was cited with approval.
- Cullivan v. State Farm Mut. Auto. Ins. Co. 428 So. 2d 1231 La. Ct. App. 3d Cir. 1983
- Estate of King v. Aetna Cas. & Sur. Co. 427 So. 2d 902 La. Ct. App. 3d Cir. 1983
- Dagnall v. Louisiana Dept. of Highways 426 So. 2d 276 La. Ct. App. 4th Cir. 1983
- Devall v. Morgan 424 So. 2d 522 La. Ct. App. 5th Cir. 1982
- Dupre v. Wolfe 424 So. 2d 465 La. Ct. App. 1st Cir. 1982
- Distinguished Scott v. State, Department of Transportation & Development 424 So. 2d 284 La. Ct. App. 1st Cir. 1982