May 14th, 2021
Hester v. Walker et al.
Opinion Date: May 13, 2021
Judge: Per Curiam
Areas of Law: Civil Procedure, Personal Injury
Bryant Walker was employed as an eighteen-wheeler tractor-trailer driver for BlueLinx Corporation (“BlueLinx”). Walker was attempting to make a left turn into the driveway of BlueLinx’s facility: he activated his left turn signal, and stopped his tractor-trailer in the left lane, approximately sixty feet from a break in the median, in order to wait for another vehicle to exit the driveway. Before Walker could make his turn, his tractor-trailer was struck from behind by a vehicle driven by Kunta Hester. Hester died as a result of the accident. Hester’s survivors filed the instant suit against Walker, BlueLinx, and its insurer, alleging defendants breached their duty to Hester because Walker negligently stopped his vehicle on a public roadway in violation of La. R.S. 32:141(A). At issue in this case was whether defendants violated any duty to plaintiffs under the provisions of La. R.S. 32:141(A), which prohibited the stopping or parking of a vehicle in the travelled portion of a roadway. The Louisiana Supreme Court concluded defendants were entitled to summary judgment: plaintiffs failed to rebut the presumption that Hester was at fault for the accident.
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