tag:blogger.com,1999:blog-8779203396350201819.post636691405478814207..comments2024-01-03T00:38:00.964-06:00Comments on ABetterShreveport BLOG: Louisiana Highway Department Will Not Give Crash Data To College Student for Service Learning ProjectLoren Demerathhttp://www.blogger.com/profile/06256443481222860092noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8779203396350201819.post-48342502377892777722012-06-29T05:03:54.519-05:002012-06-29T05:03:54.519-05:00Good and another post from you admin :)Good and another post from you admin :)Ancient Greece Maps - 8 Mapshttp://www.ancientgreece.me/2012/06/ancient-greece-maps-8-maps.htmlnoreply@blogger.comtag:blogger.com,1999:blog-8779203396350201819.post-27911360696082191062011-11-18T18:04:46.277-06:002011-11-18T18:04:46.277-06:00Given Maurice's interpretation of the law, it ...Given Maurice's interpretation of the law, it looks like Ms. Stafford can give Trevor the data after all. I'll email her a notice of this post. No doubt she thinks she's doing the right thing. I bet we'll get it sorted out.Loren Demerathhttps://www.blogger.com/profile/06256443481222860092noreply@blogger.comtag:blogger.com,1999:blog-8779203396350201819.post-25183272126744444262011-11-17T13:56:41.789-06:002011-11-17T13:56:41.789-06:00Here's the current law:
23 USC Section 409 Di...Here's the current law:<br /><br />23 USC Section 409 Discovery and admission as evidence of certain reports and surveys<br /><br />Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-<br />highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data. <br /><br />Here's a Louisiana Supreme Court Case discussing it: <br /><br />Reichert v. State, Dept. of Transp. and Development, 694 So.2d 193 (La., 1997)<br /><br /> "23 U.S.C. § 409 was enacted to preclude from discovery and evidence any report, survey, schedule, list, or data collected or compiled for developing any highway safety construction improvement project which may be implemented with Federal-aid funds. The purpose of section 409 is to "[f]oster the free flow of safety-related information by precluding the possibility that such information later would be admissible in civil suits. The interest to be served by such legislation is to obtain information with regard to the safety of roadways free from the fear of future tort actions." Perkins v. Ohio Dept. Of Transp., 65 Ohio App.3d 487, 584 N.E.2d 794 (1989), cause dismissed, 57 Ohio St.3d 612, 566 N.E.2d 673, reh'g denied, 58 Ohio St.3d 711, 570 N.E.2d 281 (1991)."<br /><br /><br />This law is not intended to keep college students from having access to safety data for academic purposes. On the contrary the law is meant to remove the fear that such information could be used in civil liability cases so that the information may flow freely and to encourage the use this student is seeking to make.<br /><br />Maurice Loridans<br />Attorney at LawMeauxhttps://www.blogger.com/profile/02088080485603877549noreply@blogger.comtag:blogger.com,1999:blog-8779203396350201819.post-27517579916764930022011-11-17T13:09:12.163-06:002011-11-17T13:09:12.163-06:00This comment has been removed by the author.Steph Pedrohttps://www.blogger.com/profile/15279566111234046345noreply@blogger.com