Summary
In Williams v. Galliano, 97-1972 (La. 11/14/97), 703 So.2d 1283, a refuse collector was killed when he was struck by another vehicle while making delivery at a landfill.
Summary of this case from Bibbins v. New OrleansOpinion
No. 97-CC-1972
November 14, 1997
IN RE: State of Louisiana; Environmental Quality Dept. of; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Terrebonne 32nd Judicial District Court Div. "C" Number 98,839, 100,503; to the Court of Appeal, First Circuit, Number CW96 0690R
Granted. Even assuming that the State, through the Department of Environmental Quality, has some duty to monitor landfills for compliance with permit regulations, that duty does not extend to third parties (especially where the third party's injury is unrelated to the regulation of environmental conditions). See Berry v. State, DHHR, 93-2748 (La. 5/23/94), 637 So.2d 412. Accordingly, the judgment of the trial court is reversed, and judgment is entered in favor of the State, dismissing it from the suit.
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CALOGERO, C.J. would grant and docket.
LEMMON, J. would grant and docket.
KIMBALL, J. not on panel.
JOHNSON, J. would deny the writ.