Nos. 97-CA-971 to 97-CA-973 Precedential Processed

Claire v. Crescent Construction Co.

Louisiana Court of Appeal, First Circuit · Filed December 16, 1998 · 722 So. 2d 1217

Cited by

Ganucheau v. Winn Dixie LA., Inc. 746 So. 2d 812 La. Ct. App. 5th Cir. 1999

Opinion text

liGAUDIN, J., dissenting with reasons. I respectfully dissent, being of the opinion that the DOTD was not responsible for this accident. While it was raining, the only evidence of standing water was Ritney Harris’ testimony. The bridge slopes to the outside of the roadway. No other witness saw standing water. Also, there was no evidence that any AASHTO standard or guideline was violated; consequently, there was no constructive notice to the DOTD of any defect or hazardous condition. At the very least, Harris should be partially responsible for this accident.