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Louisiana Supreme Court - 631 So. 2d 393
Tags: Torts, Actual causation
tl;dr:
Cay fell off a bridge with low railings and there was no evidence of foul play; Court holds that there was sufficient evidence for a jury to find the low railings to be a cause-in-fact of Cay's fall.Video Summary
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The Department of Transportation and Development (DOTD) was found to be sixty percent at fault for the death of Keith Cay due to the inadequate height of the bridge railing, which caused his fall. The court of appeal affirmed the inadequate railing as a cause-in-fact of the accident but erred in stating that the accident might not have happened had the railing been higher. The Louisiana Supreme Court granted certiorari due to the incorrect articulation of the preponderance of the evidence standard. The case involves DOTD's negligence in failing to construct the bridge railings to the required height in the AASHTO standards. The plaintiffs must prove that a higher railing would have prevented Cay's fall in the manner in which the accident occurred. Two civil engineers testified as expert witnesses regarding the safety and design of the bridge for pedestrian use.
The court found the Department of Transportation and Development (DOTD) negligent in the creation of the Little River Bridge, resulting in Keith Cay's death. The trial court allocated 60% of the fault to DOTD and 40% to Cay, but the majority amended the judgment, finding that Cay's fault was greater. The dissenting judge believed that DOTD had a greater responsibility to construct a safe bridge for pedestrian use and questioned how one could say that the decedent had a greater responsibility than the State.
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