Disclaimer
|
|
|
|
|
| LeBouef v. Montelius, 358 So2d 332 (1978). Louisiana Power and Light was also named as a defendant in this suit. A minor bicyclist was riding with friends on the left hand shoulder of a two lane highway, and they came upon a utility pole in the shoulder. There was an oncoming automobile operated by the defendant. The bicyclist observed the car and saw that its lights began blinking. He apparently took that as some sort of signal and attempted to go around the pole on the highway side. He was forced into the pole by the automobile, resulting in a collision. The area was in darkness at the time but the pole was illuminated by a street light mounted on it. The boy testified he had been riding along the shoulder when he approached the light pole, and his friends testified they were all riding on the sidewalk when the plaintiff drove onto the shoulder to go around the pole. The pole was located immediately adjacent to the sidewalk. The plaintiff claimed LP&L was negligent for the position of the pole and for failing to install reflectors or warning devices on it. The trial judge granted LP&L's motion for a summary judgment. Affirmed by the Court of Appeal of Louisiana, Fourth Circuit. From the court's opinion: "A motion for summary judgment shall be rendered if there is no genuine issue as to material fact. LSA-C.C.P. Art. 966. The only issue of fact which emerges in any way from the depositions is whether Michael was riding on the sidewalk as he approached the utility pole or on the shoulder, but in either case we fail to see how this fact is material to the issue of LP&L's liability. In the first place, plaintiff has cited no statute which was violated by the position of this pole. Secondly, Michael was in violation of R.S. 32:197 in that he was not riding on the right side of the highway and did not take advantage of the "usable path for bicycles" which was provided in the form of a sidewalk. Thirdly, the facts of the accident as established by the depositions demonstrate that it happened because Michael unnecessarily placed himself in close proximity to the highway when he elected to travel on the shoulder between the pole and the highway rather than on the sidewalk which was available to him." | ||||
| Home Disclaimer |
||||