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4/3/01 SUPREME COURT OF LOUISIANA NUMBER 00-C-2628

TERRY LASYONE Versus

KANSAS CITY SOUTHERN RAILROAD, STATE OF LOUISIANA THROUGH DOTD AND THE PARISH OF POINTE COUPEE THROUGH ITS GOVERNING AUTHORITY, THE POLICE JURY OF POINTE COUPEE PARISH On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Pointe Coupee

KNOLL, Justice This case involves a determination of whether the Louisiana Department of Transportation and Development (hereafter "DOTD") should be held liable to a motorist because of the placement of a 90-foot longitudinal guardrail1 on a road shoulder just before a railroad crossing. In particular, this case involves the collision of an 18-wheel tank truck and a freight train at a single track crossing marked with railroad crossing lights. The appellate court reversed the trial judge's holding that the longitudinal guardrail on the road shoulder posed an unreasonable risk of harm. Accordingly, the appellate court found the motorist totally at fault and reversed the trial judge's assessment of 50 per cent fault to DOTD. Thus, once again this court is faced with a case that strictly calls into question the appropriateness of the appellate court's reversal of a trial judge's decision contrary to the manifest error doctrine. After carefully reviewing the record, we reverse the appellate court, finding no manifest
Traffic barriers are classified either as longitudinal barriers or crash cushions. Longitudinal barriers primarily function by redirecting errant vehicles. Crash cushions primarily function by decelerating errant vehicles to a stop. GUIDE FOR SELECTING, LOCATING, AND DESIGNING TRAFFIC BARRIERS

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Louisiana Law