424 So. 2d 522 - Devall v. Morgan’s Empirical Analysis
1982
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently December 2004
19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Sinitiere v. Lavergne · Rizley v. Cutrer · 282 So. 2d 126 - Simon v. Ford Motor Company · 300 So. 2d 579 - Laborde v. Louisiana Department of Highways · 306 So. 2d 437 - Von Cannon v. State, Department of Highways
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We are guided by the Supreme Court case of Sinitiere v. Lavergne, 391 So.2d 821 (La.1980). The court recognized the Highway Department has a duty to maintain a reasonably safe highway for the protection of those people who could foreseeably be placed in danger by an unreasonably dangerous condition. That duty encompasses an obligation to provide and maintain an efficient and continuous system of all state highways and bridges. It must make safe any defect of the system of which it has or should have knowledge. Jones v. Louisiana Department of Highways, 338 So.2d 338 (La.App. 3d Cir.1976); Von Cannon v. State, Department of Highways, 306 So.2d 437 (La.App. 3d Cir.1975). The department is liable for damages when it is shown that the hazardous condition that caused the injuries was patently or obviously dangerous to the reasonably careful driver and the department, with actual or constructive knowledge, failed to correct the defect within a reasonable time. Shively v. Pickens, 346 So.2d 1314 (La.App. 3d Cir.1977); Laborde v. Louisiana Department of Highways, 300 So.2d 579 (La.App. 3d Cir.1974). However, the failure of the state to update its highways to the current standards does not establish the existence of a hazardous defect. Usry v. Louisiana Department of Highways, 402 So.2d 240 (La. App. 4th Cir.1981); Roberts v. Winston Carriers, Inc., 304 So.2d 818 (La.App. 3d Cir.1974). To impose a burden upon the state of having to update its thousands of miles of highways within the ”
1 later decision quote this exact passage“The bridge itself is a four-lane undivided roadway about one mile long with concrete guard rails on either side about 3 feet from the highway. There is an 18-inch-wide walkway on each side which forms a curb 16 inches high adjacent to the outside lane in both directions. Thus the total surface available to traffic is 40 feet. There is a double yellow line painted down the center of the 40-foot width. Located between the lines are reflective buttons ¾ inches high by 4 inches square, 40 feet apart. Each direction of travel is divided by a dashed white painted line. These markings total 20 inches in width. Thus the effective width of travel in each lane averages 9 feet 7 inches. On one side of the center line there are two lanes reserved for traffic travelling eastward (i.e. toward New Orleans), and on the opposite side of the center line two lanes are reserved for traffic travelling westward toward Baton Rouge.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.