Sullivan v. Gulf State Utilities Co.

384 So. 2d 447 (1980)

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

No. 67453.

Supreme Court of Louisiana.

May 30, 1980.

Denied.

WATSON, J., would grant the writ.

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.