Siler v. Guillotte

3 Citing cases

  1. Vallery v. State, Dept. of Transp

    480 So. 2d 818 (La. Ct. App. 1986)   Cited 16 times
    In Vallery v. State Department of Transportation and Development, 480 So.2d 818 (La.App. 3d Cir. 1985), writ denied, 481 So.2d 1350 (La. 1986) the court found that the DOTD could not be held liable for an accident where an automobile stopped at the stop sign and then proceeded into an intersection into the path of an oncoming vehicle.

    The DOTD is not held to a standard of perfection. This court in Siler v. Guillotte, 410 So.2d 1265 (La.App. 3rd Cir. 1982), quoted from Doucet v. State, Department of Highways, 309 So.2d 382 (La.App. 3rd Cir. 1975), writ refused, 312 So.2d 340 (La. 1975) and described the duty owed to motorists by the DOTD as follows: "The Department of Highways is not responsible for every accident which occurs on state highways. It is not a guarantor of the safety of travelers thereon, or an insurer against all injury or damage which may result from defects in the highways.

  2. Campbell v. Dotd

    635 So. 2d 1224 (La. Ct. App. 1994)   Cited 3 times

    4 Cir. 1973); St. Paul v. Mackenroth, 246 La. 425, 165 So.2d 273 (1964)." Siler v. Guillotte, 410 So.2d 1265, at page 1270 (La.App. 3rd Cir. 1982)." Although DOTD argues that the scope of its duty does not extend to a motorist who falls asleep and loses control of his vehicle, our supreme court has held in a line of jurisprudence beginning with Rue v. State, Dept. of Highways, 372 So.2d 1197 (La. 1979) that the department does owe a duty to a motorist who inadvertently steers his vehicle onto a road shoulder.

  3. Chevalier v. Guillotte

    410 So. 2d 1271 (La. Ct. App. 1982)   Cited 1 times

    GUIDRY, Judge. For the reasons assigned in the companion case of Mark Siler v. Guillotte, Allstate Insurance Company Louisiana, Department of Transportation, and Pearson Construction Company, 410 So.2d 1265, the judgment appealed from is affirmed. AFFIRMED.