Brooks v. Louisiana
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In 2005, Jesse Brooks, Jr. an operating engineer for the Department of Transportation and Development's (DOTD) Industrial Plant and Maintenance was driving a backhoe along the shoulder of a highway to deliver the backhoe to another company. He made a sharp turn into a driveway and the backhoe tipped over, falling on top and killing him. His family filed a wrongful death suit against DOTD, alleging that a depression in the asphalt on the shoulder where the highway met the driveway caused the backhoe to flip over. After trial, a jury returned a verdict in favor of Mr. Brooks' family and awarded them damages. On appeal, the judgment was affirmed. The specific issue on appeal to the Supreme Court was whether DOTD's duty to maintain the shoulder encompassed the risk that a driver of a backhoe would make a sharp turn, hit the depression in the road, tip over and be crushed by the backhoe. After a review of the record and applicable law, the Supreme Court found that DOTD's duty did not encompass that risk. Therefore, the Court reversed the judgments of the lower courts and rendered judgment in favor of DOTD.
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