liable for Donavan's harm.

Donavan
The trial court found that Donavan was also negligent and that his negligence was a cause-in-fact and legal cause of the accident. We agree. Donavan's standing in the highway in the face of an oncoming vehicle was clearly a cause-in-fact of the accident. Because Donavan did not use the marked crosswalk, he had a duty to yield the right-of-way to all vehicles on the highway. La.R.S. 32:213 A. Donavan admitted that he saw Jones's car approaching in the far lane, yet he deliberately walked into the inside lane of traffic to wait for the car to pass. The evidence shows that Donavan did not yield the right-of-way to Jones. Instead he left a position of relative safety, the center turning lane, and began walking slowlyThe DOTD took insufficient measures to ensure that motorists were alerted to and had adequate visibility of pedestrians in the crosswalk area during the nighttime or early morning hours. The DOTD could have avoided the danger by lighting the crosswalk or reducing the speed limit in the area, and Riverwood could have notified its employees of the existence of a crosswalk, lighted it, and guided them safely to it, lighted the parking lot, or even moved the contractor parking to an alternate lot. The failure to provide these reasonable safety measures created a significant risk of harm to employees parking on the west side of the highway.
On this record, the trial court was entitled to find that Riverwood had a superior capacity to avert the danger. After all,