Ferrouillet v. State

3 Citing cases

  1. Lyncker v. Design Eng.

    51 So. 3d 137 (La. Ct. App. 2010)   Cited 9 times
    Concluding that "any reasonable fact finder would be compelled to find Plaintiff in excess of twenty-five percent negligent" where plaintiff's BAC was significantly over the legal limit

    In order for DOTD to be held liable for damages, injuries, or death on a roadway, the plaintiff has the burden of proving: 1) that the thing that caused the damage was in the DOTD's care, custody, and control; 2) that the thing had a vice, ruin, or defect that presented an unreasonable risk of harm; and 3) that the vice, ruin, or defect was the cause-in-fact of the plaintiff's damages. Ferrouillet v. State ex rel. Dept. of Transp. and Development, 2002-0576, p. 2 (La.App. 4 Cir. 1/15/03), 836 So.2d 686, 687. The DOTD has a duty to maintain the public highways in a condition that is reasonably safe for persons exercising care and reasonable prudence, but also for those who are slightly exceeding the speed limit or who are momentarily inattentive.

  2. Stutes v. Greenwood Motor Lines, Inc.

    234 So. 3d 75 (La. Ct. App. 2017)   Cited 4 times

    Netecke v. State ex rel. DOTD , 98–1182, 98-1197 (La. 10/19/99), 747 So.2d 489. "DOTD's duty to maintain highways in a safe manner does not include the risk of injury or death caused by the gross negligence of a third party motorist." Ferrouillet v. State ex rel. Dep't of Transp.& Dev. , 02–576, 02-577, p. 3 (La.App. 4 Cir. 1/15/03), 836 So.2d 686, 688, writs denied , 03-751 (La. 5/9/03), 843 So.2d 402 ; 03–756 (La. 5/9/03), 843 So.2d 403. At the Intersection, Highway 90 is a two-way, two-lane highway situated in an east-west direction.

  3. Renfro v. Burlington N. Santa Fe Ry. Co.

    193 So. 3d 1192 (La. Ct. App. 2016)   Cited 5 times
    Noting that DOTD’s duty to maintain a railroad crossing is guided by the Manual on Uniform Traffic Control Devices, which, under La. R.S. 32:235, sets forth minimum standards for DOTD to follow in the construction and maintenance of its highways

    Contrary to the assertion of DOTD, the duty to “momentarily inattentive drivers” applies outside the context of defective shoulder cases. See Ferrouillet v. State ex rel. Dep't of Transp. & Dev., 02–576 (La.App. 4 Cir. 1/15/03), 836 So.2d 686, writs denied, 03–751, 03–756 (La.5/9/03), 843 So.2d 402, 403. Additionally, the duty has been applied in the context of conditions considered to be “extremely dangerous,” much like a railroad crossing.