Sullivan v. Gulf State Utilities Co.
384 So. 2d 447
| La. | 1980|
Check TreatmentCecil SULLIVAN
v.
GULF STATE UTILITIES COMPANY and Boh Brothers Construction Company, Inc.
Supreme Court of Louisiana.
Denied.
WATSON, J., would grant the writ.
*448 LEMMON, Judge, dissents.
It is wrong to impose a duty on defendant to protect motorists from striking an object in the roadway which is virtually imperceptible at night and then to excuse defendant's violation of that duty because the motorist did not see the object.