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Sullivan v. Gulf State Utilities Co.

Cecil SULLIVAN v. GULF STATE UTILITIES COMPANY and Boh Brothers Construction Company, Inc.

Sullivan v. Gulf State Utils. Co., 384 So. 2d 447 (La. 1980)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 30, 1980
Docket
No. 67453
Judges
Grant, Lemmon, Watson, Writ
Citations
384 So. 2d 4471980 La. LEXIS 7697

Opinion of the Court

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In Re: Cecil Sullivan, applying for Cer-tiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 19th Judicial District Court, 382 So.2d 184 .

Denied.

WATSON, J., would grant the writ.

Dissent — Lemmon

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LEMMON, Judge,

dissents.

It is wrong to impose a duty on defendant to protect motorists from striking an object in the roadway which is virtually imperceptible at night and then to excuse defendant’s violation of that duty because the motorist did not see the object.

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DepthCaseCited by
Sullivan v. Gulf States Utils. Co., 382 So. 2d 184 (La. Ct. App. 1980) 37

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