No. 95-CA-1263 Precedential Processed

Deumite v. State

Louisiana Supreme Court · Filed February 28, 1996 · 668 So. 2d 727

Also decided on this docket: La., September 1, 1995 659 So. 2d 505

Cited by

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

| ]LEMMON, Justice, concurring. I believe that the State is entitled to the same recreational use immunity as a private citizen under La.Rev.Stat. 9:2791. Monte-ville v. Terrebonne Parish Consol. Gov’t, 567 So.2d 1097 (La.1990) (Marcus, Lemmon & Cole, JJ., concurring). Under that view, the Department does not have to utilize La.Rev. Stat. 9:2795 E in order to be entitled to immunity in this case, if the water bottoms meet the Keelen test. The majority properly refused to reach the constitutional issue.