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VERVIK v. STATE, DEPARTMENT OF HIGHWAYS

Nos. 9329, 9330.

278 So.2d 530 (1973)

Racine T. VERVIK, Individually and on behalf of his minor daughter, Sonja Vervik, as Administrator of her Estate v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS. Dezzie O'KEEFE, Wife of/and Judson O'Keefe v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 20, 1973.

Writ Granted August 31, 1973.

Attorney(s) appearing for the Case

Philip K. Jones, Gen. Counsel, Wm. J. Doran, Jr., Johnie A. Branch, Jr., Norman L. Sisson and Robert J. Jones, Asst. Gen. Counsels, Baton Rouge, for appellant.

Harold J. Lamy, Dodd, Hirsch, Barker, Meunier, Boudreaux & Lamy, New Orleans, and William M. King, for plaintiffs-appellees Vervik.

Robert A. Collins, New Orleans, Windhorst, Heisler, DeLaup & Wysocki, New Orleans, for plaintiffs-appellees O'Keefe.

Before LANDRY, TUCKER and PICKETT, JJ.

LANDRY, Judge.

These consolidated actions arise from a one car accident which occurred at night when a vehicle being driven by Gary O'Keefe failed to negotiate a curve in a rural two-lane highway. The vehicle left the roadway and crashed into a tree, killing O'Keefe and seriously injuring his guest passenger, Sonja Vervik, minor daughter of Mr. and Mrs. Racine T. Vervik.

The Department of Highways (Department) appeals from judgments awarding Mr. and Mrs. O...

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