 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Davis v. Witt11/13/2002
truck being on the road, did not get assurance from Witt that he would not move the truck from the meat store parking lot and did not offer any alternative to a $50.00 escort service when he knew that what Witt really needed was traffic control while he backed out of the parking lot." (Emphasis added.)
Indeed, when a law enforcement officer becomes aware of a dangerous traffic situation, such as this one, he has the affirmative duty to see that motorists are not subjected to unreasonable risks of harm. Failure to act is negligence per say. However, whether we classify this situation as dangerous or not is completely irrelevant. State Police's duty under this Act did not hinge on that assessment. Simply, when truckers violate restrictions concerning vehicles, such as Mr. Witt's, the Louisiana Highway Regulatory Act compels State Police to take action. This Act creates a mandatory duty which State Police in the instant case breached by not going to Mr. Witt, issuing him a ticket, and directing and following him"to the nearest appropriate place suitable for unloading." This action was not discretionary. Reasonable minds could not hold contrary to what the law mandates. Therefore, the JNOV was warranted and the majority has no basis for reversal.
Moreover, under such a well-defined Act, which the trial court properly followed in granting the JNOV, requiring the parties to unnecessarily re-litigate this case is a waste of economic and emotional resources and constitutes a gross miscarriage of justice.a
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|