Deumite v. State

Supreme Court of Louisiana

Decided February 28, 1996

Supreme Court of Louisiana · decided 1996-02-28

Cited by 5 later decisions — most recently July 2005

5 state decisions

Relies on 567 So. 2d 1097 - Monteville v. Terrebonne Par. Con. Gov't

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-28

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| ]LEMMON, Justice,

¶1concurring.

¶2I believe that the State is entitled to the same recreational use immunity as a private citizen under La.Rev.Stat. 9:2791. Monte-ville v. Terrebonne Parish Consol. Gov’t, 567 So.2d 1097 (La.1990) (Marcus, Lemmon & Cole, JJ., concurring). Under that view, the Department does not have to utilize La.Rev. Stat. 9:2795 E in order to be entitled to immunity in this case, if the water bottoms meet the Keelen test. The majority properly refused to reach the constitutional issue.