Scott v. State, Department of Transportation & Development

428 So. 2d 475 | La. | 1983

Lead Opinion

In re: State of Louisiana, Dept. of Transportation and Development, applying for Writ of Certiorari or Review, to the Court of Appeal First Circuit, No. 82 CA 0059, 424 So.2d 284; Parish of Lafourche, 17th Judicial District Court, No. 41548.

Denied.

MARCUS and LEMMON, JJ., would grant the writ.

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Dissenting Opinion

BLANCHE, Justice,

dissents from denial with reasons:

I would grant this writ to examine the issue of the driver’s contributory negligence. In my view, the presence of a drop off does not automatically render such a defect as the principal cause of the accident. See LeBlanc v. State, 419 So.2d 853 (La.1982) (Blanche, J., dissenting); Sinitiere v. Lavergne, 391 So.2d 821 (La.1980).