Moorman v. State

2 Citing cases

  1. Trabeau v. Mack Trucks, Inc.

    543 So. 2d 1381 (La. Ct. App. 1989)   Cited 4 times

    Knowledge of the defect can be actual of constructive. Constructive notice can be shown by providing evidence that a defect was permitted to remain in its dangerous state for such a length of time as to warrant the conclusion that defendant was negligent in failing to discover it. Moorman v. State Thru Department of Highways, 384 So.2d 586 (La.App. 4th 1980). Marcia Tureau, Lionel Prestly and Laurence Ledet all testified that they lived in the area of the accident and that the railroad warning system had been malfunctioning for the week immediately preceding the accident.

  2. Fuller v. Scott

    387 So. 2d 49 (La. Ct. App. 1980)

    Ruts and holes can occur overnight in highway shoulders during rainy weather and it is too great a burden to put on the Department to require they be repaired immediately, particularly when there is no showing as to the depth and the necessity of urgent repairs. See Moorman v. State, Dept. of Highways, 384 So.2d 586 (La.App. 4th Cir. 1980). Accordingly, we set aside the judgment of the trial court maintaining the exception of no cause of action.