FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
255, 532 HONORABLE PATRICIA EVANS KOCH, DISTRICT JUDGE
Christopher Jude Roy, Jr. Chris J. Roy, Jr., A Law
Corporation COUNSEL FOR: Plaintiff/Appellant - Daniel Norman
Ann McLachlan Musgrave, McLachlan & Penn, LLC COUNSEL
FOR: Defendants/Appellees - Simms Transportation, Inc. and
Michael A. Shelton Enterprise, Inc.
Joy Dara, Sr. COUNSEL FOR: Defendants/Appellees - Simms
Transportation, Inc. and Michael A. Shelton Enterprise, Inc.
Taylor Townsend COUNSEL FOR; Plaintiff/Appellant - Daniel
Landry Attorney General Blake E. Ryland Assistant Attorney
General Leisa B. Lawson Assistant Attorney General Louisiana
Department of Justice COUNSEL FOR: Defendant/Appellee - State
of Louisiana, Department of Transportation and Development
composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J.
Gremillion, and John E. Conery, Judges.
ULYSSES GENE THIBODEAUX CHIEF JUDGE
reasons discussed in the consolidated case of Daniel
Norman v. Michael Shelton Enterprise, Inc., et al.,
18-1000 (La.App. 3 Cir.__ /__/__), __ So.3d__, the judgment
of the trial court is affirmed in part, reversed in part, and
remanded. Costs of the appeal are assessed to Michael Shelton
Enterprise, Inc. and Simms Transportation, Inc.
IN PART, REVERSED IN PART
Conery, J., concurring in part, dissenting in part.
with the majority that the summary judgment granted in favor
of Michael Shelton Enterprise, Inc. must be reversed.
respectfully dissent, however, from the affirmation of the
summary judgment entered in favor of DOTD. Rather, I find
that the presence of genuine issues of material fact requires
reversal of that ruling as well.
motion for summary judgment, DOTD asserts that no genuine
issues of material fact exist as to its actual or
constructive notice of a defective condition creating an
unreasonable risk of harm as required by La.R.S. 9:2800. It
is that notice "which gives rise to the obligation to
take adequate measures necessary to prevent injury."
Johnson v. State, Dep't of Transp. & Dev.,
17-0973, p. 7 (La.App. 1 Cir. 4/3/19), __ So.3d __, __
(citing Rhodes v. State, Dep't of Transp. &
Dev., 95-1848 (La. 5/21/96), 674 So.2d 239). In the
event DOTD has such notice, it is required to "take
reasonable measures to eliminate or reduce the risks
associated with the dangerous condition or may warn the
public of the danger, risk, or hazard involved."
Id. at __ ...