May 09th, 2019
Louisiana Supreme Court Opinions
Murphy v. Savannah
Opinion Date: May 8, 2019
Judge: Per Curiam
Areas of Law: Civil Procedure, Personal Injury
Robert Murphy was operating his motorcycle on a two-lane stretch of Louisiana Highway in a southerly direction. At the same time, Shauntal Savannah was driving her Nissan Maxima in the northbound lane. As she pulled into the southbound lane with the intent to turn, she entered Murphy's lane of travel. Murphy’s motorcycle struck the passenger-side door of Savannah’s vehicle, causing him injury. Murphy and his wife (plaintiffs) filed the instant suit against the State of Louisiana through the Department of Development and Transportation (DOTD), alleging DOTD failed to warn of a dangerous condition and failed to remedy the defective design of the intersection. After discovery, DOTD filed a motion for summary judgment, relying on the affidavit of a DODT civil engineer who averred that at the time of the accident, DOTD did not have a record of any repairs, maintenance, or construction projects that were being performed in the section of the roadway located at or near the intersection. The engineer stated DOTD had no record of any complaints within 180 days prior to the accident with respect to the intersection. Additionally, DOTD attached Savannah’s deposition testimony in which she said she was familiar with the intersection, and admitted she was at fault for the accident because she did not see Murphy’s motorcycle before making her turn. Savannah also denied that a curve on the road prevented her from seeing the oncoming motorcycle. Plaintiffs appealed when DODT's motion for summary judgment was granted. The district court determined they failed to establish any genuine issues of material fact regarding whether the intersection at issue was unreasonably dangerous. Finding no error in the district court's judgment, the Louisiana Supreme Court affirmed, reversing the court of appeal's judgment to the contrary.
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