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Burge v. City of Hammond

Supreme Court of Louisiana
Sep 26, 1986
494 So. 2d 539 (La. 1986)

Summary

In Burge v. City of Hammond, 494 So.2d 539 (La. 1986), the supreme Court upset a First Circuit opinion which said that the highway department's duty to provide safe highways does not extend to risk of a plaintiff whose injury is caused by his or her own gross negligence and inattention.

Summary of this case from Brown v. State Through Dotd

Opinion

No. 86-C-1271.

September 26, 1986.

APPEAL FROM 21ST JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA, STATE OF LOUISIANA, HONORABLE GORDON E. CAUSEY, J.


Granted. The court of appeal, 489 So.2d 1320, erred in holding as a matter of law that the Department of Transportation and Development owes no duty to an imprudent motorist under a comparative fault system, except in those instances in which the motorist would have recovered under the former contributory negligence system. Accordingly, the judgment of the court of appeal is vacated, and the case is remanded to the court of appeal for reconsideration.

DENNIS, J., concurs and would adopt the opinion of the Court of Appeal in Gadman v. State, 493 So.2d 661 (La.App. 2nd Cir. 1986) as the opinion of this Court insofar as it states the principles of law.


Summaries of

Burge v. City of Hammond

Supreme Court of Louisiana
Sep 26, 1986
494 So. 2d 539 (La. 1986)

In Burge v. City of Hammond, 494 So.2d 539 (La. 1986), the supreme Court upset a First Circuit opinion which said that the highway department's duty to provide safe highways does not extend to risk of a plaintiff whose injury is caused by his or her own gross negligence and inattention.

Summary of this case from Brown v. State Through Dotd
Case details for

Burge v. City of Hammond

Case Details

Full title:DONNA BURGE, ET AL. v. CITY OF HAMMOND, ET AL

Court:Supreme Court of Louisiana

Date published: Sep 26, 1986

Citations

494 So. 2d 539 (La. 1986)

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