Boothe v. Louisiana Dept. of Transportation & DevelopmentAnnotate this Case
On December 11, 2008, the Baton Rouge area experienced a snowstorm. The storm was of sufficient magnitude to result in the issuance of a winter weather advisory and closure of area schools. The schools reopened the next day as the weather improved. At approximately 8:00 a.m. on the morning of December 12, Sherry Boothe was operating her vehicle eastbound on Greenwell Springs Road, after bringing her daughter to school. As Boothe crossed the Comite River Bridge to return home, she lost control of her vehicle. Her vehicle crossed the median, flipped, and came to rest in the opposite lane of oncoming traffic. According to Boothe, after exiting her vehicle, she believed she had hit either ice or oil because the road was slippery. Boothe ultimately sued the Department of Transportation and Development (“DOTD”), seeking personal injury damages arising from the accident, for not adequately sanding the bridge following the snowstorm. The Louisiana Supreme Court found the uncontroverted evidence in the record revealed there was ice on the roadway at the time of the accident, and DOTD failed to take proper measures to address this condition. This evidence pointed "so strongly in favor of the moving party that reasonable persons could not reach different conclusions." Accordingly, the Court found the district court did not err in granting the motion for judgment notwithstanding the verdict in favor of plaintiffs.