67453 Precedential Processed

Sullivan v. Gulf State Utilities Co.

Louisiana Supreme Court · Filed May 30, 1980 · 384 So. 2d 447

Also decided on this docket: La., May 30, 1980 384 So. 2d 447

Opinion text

384 So.2d 447 (1980) Cecil SULLIVAN v. GULF STATE UTILITIES COMPANY and Boh Brothers Construction Company, Inc. No. 67453. Supreme Court of Louisiana. May 30, 1980. Denied. WATSON, J., would grant the writ. *448 LEMMON, Judge, dissents. It is wrong to impose a duty on defendant to protect motorists from striking an object in the roadway which is virtually imperceptible at night and then to excuse defendant's violation of that duty because the motorist did not see the object.