Hano v. Dept. of Transp. & Dev., 523 So. 2d 861 (La. 1988). · Go Syfert
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Hano v. Dept. of Transp. & Dev., 523 So. 2d 861 (La. 1988). Cases Citing This Book View Copy Cite
“a defendant who relies on contributory negligence as a defense bears the burden of proving plaintiff's negligence and that such negligence was a contributory cause.”
9 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: Becnel v. Lamorak Insurance Company (laed, 2022-08-08)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (quoted) Becnel v. Lamorak Insurance Company
E.D. La. · 2022 · quote attribution · 1 verbatim quote · confidence low
a defendant who relies on contributory negligence as a defense bears the burden of proving plaintiff's negligence and that such negligence was a contributory cause.
cited Cited "see" Labit v. Tangipahoa Parish Council
La. Ct. App. · 1991 · signal: see · confidence high
See Hano v. Louisiana Department of Development and Transportation, 519 So.2d 796 (La.App. 1st Cir.1987) cert. denied, 523 So.2d 861 (La.1988).
Retrieving the full opinion text from the archive…
Lena Mae Ezell HANO, Harold Ray Hano, Sharon Ann Hano Sullivan, Kenneth James Hano, Phillip Wayne Hano, and Nancy Marie Hano
v.
LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.
88-C-0669.
Supreme Court of Louisiana.
Apr 22, 1988.
523 So. 2d 861
Calogero and Cole.
Cited by 1 opinion  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: E.D. Louisiana (1)

Denied. The result is correct.

LEMMON, J., concurs, disagreeing with the reasoning of the court of appeal, but finds no basis to hold defendant at fault.

CALOGERO and COLE, JJ., would grant the writ. There is no presumption of Hano's negligence in this case. The Court of Appeal erred in extending the presumption of negligence enunciated in Simon v. Ford Motor Company, 282 So.2d 126 (La. 1973), to these facts. The mere presence of Hano's car on the opposite shoulder does not imply negligence on his part since this does not exclude other reasonable hypotheses consistent with proper driving.

[*862] See Larkin v. State Farm Mutual Automobile Insurance Co., 233 La. 544, 554-55, 97 So.2d 389, 392-93 (1957). Since the trial court found there was no evidence of Hano's negligence, the State has failed to establish the defense of contributory negligence. Esco v. Smith, 468 So.2d 1169 (La.1985).