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MARCELENO v. STATE, DEPT. OF HIGHWAYS

Nos. 13714, 13715.

367 So.2d 882 (1978)

Miguel MARCELENO, Sr., et al. v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, et al. David HOGAN and Kathleen Diane Hogan v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, et al.

Court of Appeal of Louisiana, Second Circuit.

Rehearings Denied February 28, 1979.

Writ Refused April 23, 1979.

Attorney(s) appearing for the Case

Robert P. McLeod, Barbara Danos, Monroe, for Miguel Marceleno, Sr., individually and as natural tutor of Miguel Marceleno, Jr., Rodney Inez Marceleno, Ineosenta Marie Marceleno, Sondra Elita Marceleno, Placida Maria Marceleno and as administrator of the Succession of Glenda Jean Jeffers Marceleno-plaintiffs-defendants-third party plaintiffs-third party defendants-appellants-appellees.

Rankin & Yeldell, A Professional Law Corp. by James E. Yeldell and Charles E. Herring, Jr., Bastrop, for David Hogan and Kathleen Diane Hogan-plaintiffs-appellants-appellees.

Philip K. Jones, Marshall W. Wroten, Robert J. Jones, Doran & Kivett by William J. Doran, Jr., Baton Rouge, for State of Louisiana, Dept. of Transp. and Development (formerly State of Louisiana, Dept. of Highways)-defendant-third party plaintiff-third party defendant-defendant in intervention-appellant-appellee.

Hayes, Harkey, Smith & Cascio by Thomas M. Hayes, Jr., Monroe, for Raymond C. Roberts and Northwestern Nat. Ins. Co.-defendants-third party plaintiffs-third party defendants-plaintiffs in reconvention-intervenors-appellees.

Before BOLIN, HALL and JONES, JJ.

En Banc. Rehearings Denied February 28, 1979.

HALL, Judge.

These suits for damages arose out of an intersectional collision between two vehicles which occurred while the malfunctioning traffic light at the intersection was green for traffic on both intersecting streets. After trial of the multiple claims and defenses of the parties involved, the trial court held that the drivers of the two vehicles were free from fault and that the sole legal cause of the...

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