Smith v. State

Supreme Court of Louisiana

Smith v. State

267 So. 3d 68

CourtSupreme Court of Louisiana

DecidedApril 8, 2019

DocketNo. 2019-C-0225

StatusPublished

This text of 267 So. 3d 68 (Smith v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. State, 267 So. 3d 68 (La. 2019).

Pincite

Opinion

In this trip and fall case I would grant and docket the writ application of State of Louisiana/Department of Transportation and Development (DOTD) to examine whether the plaintiff has presented sufficient factual support to establish the existence of a genuine issue of material fact: whether DOTD "had actual or constructive knowledge of the alleged (rug) defect and failed to take corrective measures within a reasonable time". See La. C.C.P. art. 966(D). See also Fontenot v. Patterson Ins. , 2009-0669 (La. 10/20/09), 23 So.3d 259, 268.

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In this trip and fall case I would grant and docket the writ application of State of Louisiana/Department of Transportation and Development (DOTD) to examine whether the plaintiff has presented sufficient factual support to establish the existence of a genuine issue of material fact: whether DOTD "had actual or constructive knowledge of the alleged (rug) defect and failed to take corrective measures within a reasonable time". See La. C.C.P. art. 966(D). See also Fontenot v. Patterson Ins. , 2009-0669 (La. 10/20/09), 23 So.3d 259, 268.

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Bluebook (online)

267 So. 3d 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-la-2019.

Opinion

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