Opinion
No. 94-958.
March 27, 1996.
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, STATE OF LOUISIANA; THE HONORABLE BYRON HEBERT, DISTRICT JUDGE, PRESIDING.
James M. Cunningham, III, Stephen A. Stefanski, Crowley, for Robert Etie etc.
Terry L. Rowe, Glenn John Armentor, Lafayette, Homer Edward Barousse, Jr., Crowley, Sera Hearn Russell, III, Lafayette, for Kimberly Syrie.
William Littlejohn Goode, Paul Albert Landry, Lafayette, for State, DPS — Off. of State Police.
Steven Bernard Rabalais, Lafayette, for Guy Benitex et al.
Before DOUCET, C.J., and YELVERTON, KNOLL, THIBODEAUX and COOKS, JJ.
For the reasons expressed in the consolidated case, Syrie v. Schilhab, 94-957 (La.App. 3 Cir. 3/27/96), 679 So.2d 143, the judgment of the trial court is reversed and the case is remanded for further proceedings consistent with that opinion. Because we find Trooper Segura's conduct constituted negligence as he breached a duty owed to both Kimberly Syrie and Gail Hart, we pretermit determining whether he had an additional legal obligation to protect Gail Hart by assuring that she was situated in a safe place before attempting to stop traffic in both lanes of travel. All costs on appeal are assessed against defendants-appellees.
REVERSED AND REMANDED.
KNOLL, J., concurs in the result.
YELVERTON, J., dissents for the reasons expressed in his dissent in the consolidated case, Syrie v. Schilhab, 94-957, 679 So.2d 143.
DOUCET, C.J., dissents for the reasons expressed by YELVERTON, J.