"In the present case, the trial court found that the Chef Menteur Highway Bridge was under the custody and control of the DOTD, which had notice of the defect. In its reasons for judgment on the motion for judgment notwithstanding the verdict, the trial court held that the DOTD 'should have made major modifications to adjust the bridge so that both sides would be equal. Although this adjustment is expensive, the discontinuity constituted a severe enough hazard to take remedial measures. At the very least, DOTD should have posted warning signs or signs prohibiting bicycle traffic on the bridge.'
"Although we need not agree that the DOTD should have undertaken expensive measures to correct the bridge differential, the DOTD is liable because it did not post signs on the bridge warning of the danger of the differential of the elevations of the bridge and/or restricting bicycle travel. The utility of reducing the risks by posting warning signs was outweighed by the harm presented. In its brief, the DOTD acknowledges that the Chef Menteur Bridge was not designed for bicycle traffic although it was designed and was reasonably safe for vehicular use. In that case, the DOTD had a duty to warn bicyclists of the danger and was liable for failing to post warning signs.
"An individual driver owes a duty of being reasonably observant of conditions that might affect the operation or use of his vehicle; this duty includes the duty to use his vehicle reasonably and to maintain a proper lookout for hazards that might pose an unreasonable risk of harm. ... The court also must consider whether reducing the negligent plaintiff's recovery would serve as an incentive for similarly situated plaintiffs to exercise care, while not reducing the incentive of the owner of the thing to remove the risk of harm. ... Robert Delphen was aware that: he was riding a specialized racing bicycle; the front wheel of the bicycle had previously been wobbly but he had adjusted it without obtaining instructions; and he saw the bridge differential prior to the accident. Under the circumstances, to control his bicycle properly, he could have stopped and walked across the elevation before proceeding on the bridge. Robert Delphen was comparatively negligent in operating, without experience, a sophisticated bicycle without instructions on an unfamiliar roadway. A reduction in Delphen's award by 50 percent will serve as an incentive to other similarly-situated plaintiffs to exercise reasonable care on the highways. At the same time, assessing 50 percent fault on the State should provide an incentive for the State to maintain the bridge in a reasonably safe condition. We conclude that the DOTD was 50 percent at fault, and Robert Delphen was 50 percent comparatively negligent for his injuries."
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