Harris v. State, Department of Transportation & Development
Harris v. State, Department of Transportation & Development, 223 So. 3d 695 (La. Ct. App. 1st Cir. 2017).
Cited by
- Henry Pete v. Boland Marine And Manufacturing La. 2023
- Davey Dimarco, Armond Dotey, James McCarroll and Marc Messina Versus Jackson Industrial Service Inc., … La. Ct. App. 5th Cir. 2022
- Johnson v. State Through Department of Transportation and Development 275 So. 3d 879 La. Ct. App. 1st Cir. 2019
Authorities cited
Identified automatically; this list may not be exhaustive.
- Rogers v. Roch 663 So. 2d 811
- Wilhite v. Rasbery 666 So. 2d 678
- Utley v. State 570 So. 2d 501
- Crappel v. Department of Public Works-Water 573 So. 2d 1121
- Utley v. State 573 So. 2d 1122
Opinion text
WINDHORST, J., DISSENTS IN PART, WITH REASONS I respectfully disagree in part with the majority’s opinion. I agree with the majority’s quantum of damages, but disagree with the allocation of fault. In my opinion, the evidence clearly showed that but for Ms. Berniard’s erratic driving for several miles prior to the accident, the accident would not have occurred. Rogers v. Roch, 95-242 (La. App. 5 Cir. 10/18/95), 663 So.2d 811 , writ denied, 95-2769 (La. 01/26/96), 666 So.2d 678 ; Utley v. State, 90-371, 90-372, 90-373, 90-374, 90-375 (La. App. 5 Cir. 11/14/90), 570 So.2d 501 , writ denied, 90-2672 (La. 01/18/91), 573 So.2d 1121 , writ denied, 90-2685 (La. 01/18/91), 573 So.2d 1122 . I would allocate 80% of fault to Ms. Bern-iard, while DOTD should have been allocated no more than 20% fault for this accident. Accordingly, I dissent in part.