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358 So. 2d 332

LeBouef v. Montelius

Louisiana Court of Appeal

Decided April 11, 1978

Louisiana Court of Appeal · decided 1978-04-11

Cited by 2 later decisions — most recently March 1996

2 state decisions

Relies on Hill v. Lundin & Associates, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-04-11

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LEMMON, Judge,

¶1concurs and assigns reasons.

¶2Under any version of the accident presented in the depositions of the three boys and the motorist, any breach of duty by LP&L in the placement of the pole or in failing to install reflectors was not a legal cause of the accident. Any duty imposed by a rule of reasonableness which would prohibit placement of a pole in this position does not encompass the risk that a bicyclist riding on the sidewalk or shoulder against traffic will be blinded by an on-coming automobile, strike (or barely miss) the post, and fall against the car. There is simply no ease of association between the duty to locate the pole in a reasonable position and the injury which occurred in this case. Hill v. Lundin & Assoc., 260 La. 542, 256 So.2d 620 (1972).

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