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Chuck Le Mieux 13085 Depen
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September 16, 2000
Mr. Harold
Marchand
Ascension Parish President
208 East Railroad Av
Gonzales, La. 70737
Re: Notice of unsafe road conditions existing at intersection of Chester Diez Road and Highway 74, Gonzales
Sir:
Senate Bill 858 was passed into law by governor Foster in the 1999 regular session. My interpretation of the act, in laymen’s terms is, that just because a road does not comply with standards set by federal guidelines does not mean it's unreasonably dangerous. It must be proven that the failure to meet the standard requirements was the proximate cause of an accident because of it resulting in an unreasonably dangerous condition.
It is also my understanding that because of this law, that the state and/or parish, must be put on notice before they can be held liable for property damage, injury, or death due to the safety discrepancies that exist for that particular road in a court of law.
With receipt of this letter, consider the Parish of Ascension, and the State of Louisiana, put on notice as to the unsafe conditions existing at the intersection of Chester Diez Road and Highway 74 using the descriptions below
There is inadequate signage at this intersection warning motorists that Chester Diez Road dead ends into Highway 74. And according to residents in that area, motorists are unable to see the single stop sign installed there at night or in reduced visibility situations such as fog. What is needed is the exact same high visibility signage that exists at the intersection of Chester Diez Road and Cornerview Road.
In addition let me point out that an accident occurred here in the past few days that could have caused serious injury or death. This accident could have possibly been avoided had such high visibility signage been in place.
According to residents of that area, there have been numerous accidents at this intersection in the past ten years with no effort on the part of the parish, or the Department of Transportation and Development to remedy the situation, by reducing the speed limit, or adding additional signage.
And finally let me point out that there has been absolutely no effort on the part of the Ascension Parish Sheriff Department to enforce the speed limit in this area.
While I point out only certain areas of the road for particular safety issues, be advised that there are numerous safety hazards the entire length of Chester Diez Road. E.g., lack of painted lines, warning signs, reflectors, guardrails, and shoulders to name a few. The complete extent of the hazards for Chester Diez Road need to be investigated by the Ascension Parish Department of Public Works to insure that all safety hazards be found and remedied with all possible haste.
Be advised, if there is any property damage, injury, or death after the date of this notice on Chester Diez Road, or its intersection at Highway 74, I will do my utmost to bring this notice to the attention of those involved and their attorneys.
Chuck Le Mieux
This letter and its attachments have been published to the web site Inside Ascension Parish at http://inascension.com on the “Our Roads Page”.
Cc/Fax to:Governor Mike Foster
Mr. Anthony Falterman Ascension Parish District Attorney
Mr. Jeff Wiley Ascension Parish Sheriff
Mr. John (Juba) Diez Louisiana State Representative
Mr. Harry Robert Insurance Agent for Ascension Parish
Cc/email to:
Mr. Harold Marchand Ascension Parish President
Ms. Patricia Cook Ascension Parish Executive Secretary
The Ascension Parish Council c/o Mr. R. Loupe
Mr. Bill Roux Ascension Parish Public Works
Mr. Doyle Mitchell Ascension Parish Public Works
Mr. Jeff Wiley Ascension Parish Sheriff c/o Mr. Tony Bacala
Ms. Jennifer Sheffield Channel Two Road Patrol
Ms. Keisha Lacour Channel 2 Two On Your Side
Mr. J. Connelly Channel 2 News Room
Mr. John MacMillan The Advocate’s River Parish Office
Mr. David Young The Gonzales Weekly
Mr. David Young The Community Mirror
Mr. David Young Ascension Parish TV
The Ascension Citizen
Mr. Ronald Carter D.O.T.D.
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Warning signs were installed one day after Ascension Parish Public Works received this notice. |
