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HAYES v. STATE THROUGH DEPT. OF TRANSPORT AND DEVELOPMENT

No. 83-1061.

467 So.2d 604 (1985)

Catherine HAYES, Plaintiff-Appellant, v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

April 10, 1985.

Attorney(s) appearing for the Case

J. Minos Simon and Gregory K. Klein, Lafayette, for plaintiff-appellant.

Robert J. Adams, Lafayette, for defendant-appellee.

Before FORET, DOUCET and KNOLL, JJ.

KNOLL, Judge.

This is a strict liability case in which plaintiff, Catherine Hayes, appeals the trial judge's decision dismissing her claim for damages for personal injuries against the State of Louisiana, Department of Transportation and Development (DOTD) as the result of a single vehicular accident. The trial court held that the road defect was the cause-in-fact of the accident, but plaintiff's conduct created an unreasonable risk of injury, and therefore constituted...

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