No. 7424 Precedential Processed

Sinitiere v. Lavergne

Louisiana Court of Appeal, First Circuit · Filed February 5, 1980 · 381 So. 2d 522

Also decided on this docket: La. Ct. App. 1st Cir., January 4, 1950 43 So. 2d 632; La., May 15, 1879 31 La. 535; La. Ct. App. 1st Cir., July 1, 1968 212 So. 2d 452

Cited by

Maxwell v. STATE, DEPT. OF TRANSP., ETC. 391 So. 2d 1230 La. Ct. App. 1st Cir. 1980
Sinitiere v. Lavergne 391 So. 2d 821 La. 1980
Sinitiere v. Lavergne 385 So. 2d 267 La. 1980
Lavergne v. Department of Development & Transportation 381 So. 2d 528 La. Ct. App. 1st Cir. 1980

Authorities cited

Identified automatically; this list may not be exhaustive.

Rue v. State, Dept. of Highways 372 So. 2d 1197
Brown v. Louisiana Dept. of Highways 373 So. 2d 605
Bennett v. US Fidelity and Guaranty Co. 376 So. 2d 1269

Opinion text

FORET, Judge, concurring: I reluctantly concur for two reasons: (1) while I find it difficult to vote in favor of the reversal of the trial court, and allow recovery to Gerald Lavergne, a dissent would cause a five-judge re-argument, which I would rather avoid, and (2) for the reason that although I disagree with the case of Rue v. State of Louisiana, Department of Highways, 372 So.2d 1197 (La.1979), we are nevertheless bound by it. With reference to the future of Rue, I note with particular interest our recent case of Brown et al v. Louisiana Department of Highways et al, 373 So.2d 605 (La.App. 3 Cir. 1979), in which the Louisiana Supreme Court at 376 So.2d 1269 , denied a writ of certiorari with two justices voting to grant the writ to “overrule Rue v. State Depart *528 ment of Highways, 372 So.2d 1197 (La.1979)”.