Landry v. Bickham

Louisiana Court of Appeal

Landry v. Bickham

608 So. 2d 658, 1992 La. App. LEXIS 3286, 1992 WL 312837

CourtLouisiana Court of Appeal

DecidedOctober 29, 1992

DocketNo. 91-1163

StatusPublished

Cited by1 cases

This text of 608 So. 2d 658 (Landry v. Bickham) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landry v. Bickham, 608 So. 2d 658, 1992 La. App. LEXIS 3286, 1992 WL 312837 (La. Ct. App. 1992).

Pincite

Opinion

DOUCET, Judge.

This is an appeal from a judgment granting defendants’ motions for summary judgment seeking dismissal of plaintiffs’ suit for wrongful death damages. The decedent, Ñausa Landry, was fatally injured by an automobile which struck him while he was attempting to walk across Interstate 10 at night. The trial court judge found that while it is arguable that the poor lighting on Interstate 10 was a cause in fact of the decedent’s injuries, whatever lighting duty the Department of Transportation and Development (DOTD) and the City of Lake Charles had, they did not owe the decedent a legal duty to provide lighting in order to protect him while illegally crossing Interstate 10 while intoxicated and on foot. Plaintiffs argued that the duty to light Interstate 10 extends to pedestrians as well as vehicles in an urban area because traffic, population, and activity are increased.

After reviewing the record, in light of the trial court’s written reasons for judgment and applicable jurisprudence, it appears that the trial court’s judgment was appropriate. Accordingly, the judgment is affirmed at appellants’ cost.

AFFIRMED.

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DOUCET, Judge.

This is an appeal from a judgment granting defendants’ motions for summary judgment seeking dismissal of plaintiffs’ suit for wrongful death damages. The decedent, Ñausa Landry, was fatally injured by an automobile which struck him while he was attempting to walk across Interstate 10 at night. The trial court judge found that while it is arguable that the poor lighting on Interstate 10 was a cause in fact of the decedent’s injuries, whatever lighting duty the Department of Transportation and Development (DOTD) and the City of Lake Charles had, they did not owe the decedent a legal duty to provide lighting in order to protect him while illegally crossing Interstate 10 while intoxicated and on foot. Plaintiffs argued that the duty to light Interstate 10 extends to pedestrians as well as vehicles in an urban area because traffic, population, and activity are increased.

After reviewing the record, in light of the trial court’s written reasons for judgment and applicable jurisprudence, it appears that the trial court’s judgment was appropriate. Accordingly, the judgment is affirmed at appellants’ cost.

AFFIRMED.

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Bluebook (online)

608 So. 2d 658, 1992 La. App. LEXIS 3286, 1992 WL 312837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landry-v-bickham-lactapp-1992.

Opinion

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