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SUPREME COURT OF LOUISIANA
No. 97-C-1344 MAURIO BROWN Versus LOUISIANA INDEMNITY COMPANY, ET AL. Consolidated with WILLIE BALLARD Versus LOUISIANA INDEMNITY COMPANY, ET AL. Consolidated with JESSE GREEN, JR. Versus LOUISIANA INDEMNITY COMPANY, ET AL.

VICTORY, J., concurring in part and dissenting in part To hold DOTD liable, the plaintiffs had the burden of proving "the defect was a cause in fact of [their] injuries." Lee v. State Through Dept. of Transp., 97-0350 p.4 (La. 10/21/97); 701 So.2d 676, 678. A defendant's conduct is a cause-in-fact of the harm only if it is a "substantial factor" in bringing about the harm. Graves v. Page, 96-2201 p.8 (La. 11/7/97); 703 So.2d 566, 570 (citing Frank L. Maraist & Thomas C. Galligan, Louisiana Tort Law,

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