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OSTER v. DEPT. OF TRANSP. & DEVELOPMENT

No. 91-C-0195.

582 So.2d 1285 (1991)

Rose Casbon OSTER, Individually and on Behalf of Her Minor Son, Gernard Anthony Casbon, Jr. v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, STATE OF LOUISIANA, et al.

Supreme Court of Louisiana.

June 21, 1991.

Attorney(s) appearing for the Case

William Guste, Jr., New Orleans, Kenneth C. Fonte, Golden, Fonte & Faulkner, Metairie, for applicant.

Edward J. Rivera, Joseph P. Demarest, Favret, Favret, Demarest & Russo, New Orleans, for respondent.

COLE, Justice.

In this case we determine the scope of the duty of the Department of Transportation and Development ("DOTD") to maintain that portion of land within its highway right-of-way that lies off the travel portion and shoulder of the highway. In particular, we must determine whether DOTD's duty to maintain the land off the shoulder of the highway encompasses the risk that a recreational, off-road motorcyclist travelling at a high rate of speed through high...

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