LeBouef v. Montelius

LEMMON, Judge,

concurs and assigns reasons.

Under any version of the accident presented in the depositions of the three boys and the motorist, any breach of duty by LP&L in the placement of the pole or in failing to install reflectors was not a legal cause of the accident. Any duty imposed by a rule of reasonableness which would prohibit placement of a pole in this position does not encompass the risk that a bicyclist riding on the sidewalk or shoulder against traffic will be blinded by an on-coming automobile, strike (or barely miss) the post, and fall against the car. There is simply no ease of association between the duty to locate the pole in a reasonable position and the injury which occurred in this case. Hill v. Lundin & Assoc., 260 La. 542, 256 So.2d 620 (1972).