Cited by
Opinions in Louisiana that cite Sinitiere v. Lavergne, 391 So. 2d 821.
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Murphy v. LOUISIANA DEPT. OF TRANSP., ETC.
424 So. 2d 344
La. Ct. App. 1st Cir. 1982
The Department's general duties toward motorists on the highway are set forth in *346 (La.
- Payne v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 324 La. Ct. App. 1st Cir. 1982
- Everett v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 336 La. Ct. App. 1st Cir. 1982
- Thornhill v. LOUISIANA DEPT. OF TRANSP., ETC. 424 So. 2d 331 La. Ct. App. 1st Cir. 1982
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Gauthier v. Southern Farm Bureau Casualty Insurance Co.
422 So. 2d 627
La. Ct. App. 1st Cir. 1982
and the cases cited therein.
- Mitchell v. Poullard 422 So. 2d 713 La. Ct. App. 3d Cir. 1982
- Seals v. Morris 423 So. 2d 652 La. Ct. App. 1st Cir. 1982
- Guillot v. Fisherman's Paradise, Inc. 422 So. 2d 1194 La. Ct. App. 1st Cir. 1982
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Booth v. POTASHNICK CONS. CO.
420 So. 2d 512
La. Ct. App. 2d Cir. 1982
Brandon v. State, through Dept. of Highways, (La.App.
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LeBlanc v. State
419 So. 2d 853
La. 1982
and Rue v. State, Department of Highways
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Hessifer v. Southern Equipment, Inc.
416 So. 2d 368
La. Ct. App. 1st Cir. 1982
You can apply a "but for" test for negligence.
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Guidry v. State, Department of Transportation & Development
416 So. 2d 595
La. Ct. App. 5th Cir. 1982
As stated by our Supreme Court in the case of Sinitiere v. Lavergne, La., (1980), the Department is not the guarantor of the safety of travelers, but owes a duty to them to keep the highways and its shoulders reasonably safe for non-negligent motorists.
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Merrell v. State, Through Dept. of Transp.
415 So. 2d 660
La. Ct. App. 3d Cir. 1982
"[1] 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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Alleman v. State, Dept. of Highways
416 So. 2d 272
La. Ct. App. 3d Cir. 1982
was rendered on November 10, 1980, after Jones .
- Durrett v. State 416 So. 2d 562 La. Ct. App. 1st Cir. 1982
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Palermo v. Allstate Ins. Co.
415 So. 2d 437
La. Ct. App. 1st Cir. 1982
The negligence of DOTD in allowing such a and Rue v. State, Department of Highways, supra .
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Duffy v. STATE, DEPT. OF TRANSP., ETC.
415 So. 2d 375
La. Ct. App. 1st Cir. 1982
the Supreme Court found that permitting a 3½- to 4-inch drop-off between the highway and the shoulder of the road to exist was a breach of the duty owed by the Highway Department to the plaintiff.
- 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
3d Cir. 1979), writ denied (La.App.
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Smith v. STATE, THROUGH DEPT. OF TRANSP., ETC.
412 So. 2d 685
La. Ct. App. 2d Cir. 1982
3d Cir. 1979), writ denied (La.
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Toups v. L. H. Bossier, Inc.
410 So. 2d 1207
La. Ct. App. 1st Cir. 1982
3rd Cir. 1979), writ denied
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Otzenberger v. Atlas Construction Co.
408 So. 2d 363
La. Ct. App. 1st Cir. 1981
The negligence of the Department in allowing such a and Rue v. State, Department of Highways, supra.
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O'Quinn v. State, Department of Transportation & Development
408 So. 2d 34
La. Ct. App. 1st Cir. 1981
established the scope of the duty that the Department of Transportation and Development owes motorists in keeping the highways and shoulders safe.
- LeBlanc v. STATE, LA. DEPT. OF HIGHWAYS 405 So. 2d 635 La. Ct. App. 3d Cir. 1981
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Edwards v. State, Dept. of Transp. & Devel.
403 So. 2d 109
La. Ct. App. 3d Cir. 1981
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.
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Acosta v. State, Department of Highways
399 So. 2d 1189
La. Ct. App. 1st Cir. 1981
In explaining Rue , (La.
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Knotts v. State, Dept. of Highways
395 So. 2d 419
La. Ct. App. 3d Cir. 1981
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.
- Bush v. STATE THROUGH DEPT. OF HWYS. 395 So. 2d 916 La. Ct. App. 2d Cir. 1981
- McDaniel v. State, Dept. of Transp. & Dev. 398 So. 2d 88 La. Ct. App. 3d Cir. 1981
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Godwin v. Government Employees Ins. Co.
394 So. 2d 751
La. Ct. App. 3d Cir. 1981
the Louisiana Supreme Court addressed a fact situation not unlike the case at bar.
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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
[2] Also see Sinitiere v. Lavergne, consolidated with Lavergne v. State of Louisiana, Through the Department of Transportation and Development, (La.