February 21, 2002

Ascension Parish President Harold Marchand
208 East Railroad
Gonzales, La. 70737

Dear 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 sate and/or parish, must be put on notice before they can be held liable for property damage, injury, or death due to discrepancies that exist for that particular road in a court of law.

With receipt of this letter, consider the Parish of Ascension and/or the State of Louisiana put on notice as to the unsafe conditions existing on Highway 74 in Gonzales using the descriptions below.

I point out when traveling East on Highway 74 from the intersection of Highway 73 the school zone caution lights are hidden from view by trees. I also point out that the posted speed of 25 miles per hour is not being adhered to by motorists in either direction while the caution lights are on, and that you contact the proper authorities to have this speed limit adhered to.

Be advised, if there is any property damage, injury, or death after the date of this notice on Highway 74 because of the safety issues described in this letter that I will do my utmost to bring this notice to the attention of those involved and their attorneys.

This letter and its attachments have been published to the web site Inside Ascension Parish at http://inascension.com on the “Our Roads Page”.

Sincerely,

Chuck Le Mieux

Distribution List Name:            Our Roads 

Members:              

Ascension Citizen citizen@eatel.net

Ascension Parish CAO randerson@ascension.par.la.gov

Ascension Parish Council CO rloupe@ascension.par.la.gov

Ascension Parish Councilman ascpar01@eatel.net

Ascension Parish Councilman ascpar04@eatel.net

Ascension Parish Councilman ascpar05@eatel.net

Ascension Parish Councilman ascpar08@eatel.net

Ascension Parish Councilman ascpar10@eatel.net

Ascension Parish Councilman ascpar11@eatel.net

Ascension Parish Councilman athompson@eatel.net

Ascension Parish Councilman savoy1@eatel.net

Ascension Parish Executive Secretary pcook@ascension.par.la.gov

Ascension Parish President HMarchand@ascension.par.la.gov

Ascension Parish Public  blittle@ascension.par.la.gov

Ascension Parish Public Works broux@ascension.par.la.gov

Ascension Parish Public Works dbabin@ascension.par.la.gov

Ascension Parish Public Works dmitchell@ascension.par.la.gov

Ascension Parish Sheriff Department abacala809@aol.com

Ascension Parish School Robert ClouatreR@apsb.org

Ascension Parish School Board SongyD@apsb.org

Picard, Cecile cpicard@mail.doe.state.la.us

Landry, Tara jstrack@apsb.org

Nola-Ganey, Donna  dganey@mail.doe.state.la.us

Valintine, George valentgm@aol.com

Braud, Jennifer cbraud1@eatel.net

Department of Transportation and Development     JoeyTureau@dotd.state.la.us

Department of Transportation and Development     pallain@dotdmail.dotd.state.la.us

Department of Transportation and Development     rcarter@dotdmail.dotd.state.la.us

MacMillan, John jmcmillan@theadvocate.com

Nelson, Gordon E GordonNelson@dotdmail.state.la.u

Representative Emma J. Devillier larep060@legis.state.la.us

Representative John Juba Diez    webreps@legis.state.la.us

Representative Roy Quezaire Jr. larep058@legis.state.la.us

Senator Louis Lambert websen@legis.state.la.us

Troop A Troop_A@dps.state.la.us

Ward, Steven sward@theadvocate.com

WBRZ TV Channel 2 Road Patrol jennifer@wbrz.com

WBRZ TV News MarvinH@WBRZ.com

Young, David gonzwkly@eatel.net

Professional LetterFrom: Harold Marchand [HMarchand@ascension.par.la.gov]
Sent: Tuesday, February 26, 2002 10:33 AM
To: Chuck Le Mieux
Cc: Randall Anderson; Suzanne Patterson
Subject: RE: Notice Hwy 74 School Zone

Chuck,

Thanks for your notice to the Parish of Ascension. I will forward this request to the CAO, Randy Anderson for his review of information needed. I am also emailing a copy to Suzanne Patterson for her to follow forwarding to the Council.

Thanks,
Harold

September 23, 2000

Louisiana Department Of Transportation and Development

Mr. Ronald Carter

District Traffic Operations Engineer

P.O. Box 831

Baton Rouge, La. 70821

Re: Notice of unsafe road conditions existing on Louisiana State 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 State Of Louisiana put on notice as to the unsafe conditions existing on Louisiana State Highway 74 from the intersection of Louisiana State Highway 73 to Louisiana State Highway 30 using the descriptions attached.

In my opinion this road is a death trap, as there are numerous safety hazards the entire length of Louisiana State Highway.74, E.g, no warning signs and or caution lights warning of a dangerous intersection at Bluff Road, lack of painted lines, warning signs, reflectors, guardrails, shoulders, and a speed limit much too high for the condition of this road, that is neither enforced by the Louisiana State Police, or parish sheriff departments. The complete extent of the hazards for Louisiana State Highway 74 need to be investigated by your organization 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 Louisiana State Highway 74, I will do my utmost to bring this notice to the attention of those involved and their attorneys.

This letter and its attachments have been published to the web site Inside Ascension Parish at http://inascension.com on the “Our Roads Page”.

Chuck Le Mieux

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

January 7, 2001

Louisiana Department Of Transportation and Development
Mr. Ronald Carter
District Traffic Operations Engineer
P.O. Box 831
Baton Rouge, La. 70821

Re: Second notice of unsafe road conditions existing on Louisiana State Highway 74, Gonzales

Dear Sir:

I again bring to your attention the serious safety hazards existing on Highway 74 traveling west from Highway 73 to the Mississippi River.

This stretch of road is especially dangerous in the early morning and afternoon hours when traffic going to and from the plants is at its greatest.

Motorists are traveling this area well in excess the posted speed limits, which in my opinion are too high when you consider the number of accidents that have occurred and the condition of the road, passing at excessive speeds, and passing in no passing zones.

Besides the condition of the road, total lack of law enforcement is a major factor making this road a serious safety hazard. Which brings me to a suggestion that would eliminate most of the dangerous conditions that exist.

First, there are no areas on this stretch of road where law enforcement can safely set up to monitor speeders and safely pull them over to be ticketed. I suggest that sufficient culvert be installed west of Bluff Road where most of the speeding and passing occurs, allowing law enforcement to safely monitor traffic.

Second, that the D.O.T.D. re-evaluate this stretch of road, taking into consideration its condition, and the number of accidents that have occurred here, and lower the speed limit accordingly.

Again, a reminder, that this is the second notice putting the State of Louisiana on notice as to the unsafe conditions existing on this road. And, as such, the state is liable, according to law, for any damage, injury, or death that may occur after being put on notice.

To refresh your memory let me reiterate from my first notice sent to you on September 23, 2000, which I have yet to receive conformation of receipt:

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 State Of Louisiana put on notice, a second time, as to the unsafe conditions existing on Louisiana State Highway 74 from the intersection of Louisiana State Highway 73 to Louisiana State Highway 30 using the descriptions attached.

Be advised, if there is any property damage, injury, or death after the date of this notice on Louisiana State Highway 74, I will do my utmost to bring this notice to the attention of those involved and their attorneys.

This letter and its attachments have been published to the web site Inside Ascension Parish at http://inascension.com on the “Our Roads Page”.

Sincerely,

Chuck Le Mieux

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:

There have been 281 traffic deaths from 1995 through 2007 on Ascension Parish roads
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