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AINSWORTH v. TREADWAY

Nos. 9324, 9325.

361 So.2d 957 (1978)

Diane Delaney AINSWORTH and Robert A. Ainsworth, III v. Joan Elyse TREADWAY, Volkswagen Insurance Company, Charles Cox, Mrs. Mildred S. Cox, Aetna Casualty & Surety Company, Hanover Insurance Company, Gaines P. Wilson & Son, Inc., Liberty Mutual Insurance Company, A. C. Aukerman Company and the Department of Highways of the State of Louisiana. VOLKSWAGEN INSURANCE COMPANY and Joan Elyse Treadway v. Charles COX, Mrs. Mildred S. Cox, Aetna Casualty & Surety Company, Hanover Insurance Company, Gaines P. Wilson & Son, Inc., Liberty Mutual Insurance Company, A. C. Aukerman Company and the Department of Highways of the State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 12, 1978.

Writ Refused October 26, 1978.

Attorney(s) appearing for the Case

Meunier, Martin & Meunier, Richard J. Meunier, Jr., Marcel J. Meunier, Jr., New Orleans, for plaintiffs-appellants, Diane Delaney Ainsworth and Robert A. Ainsworth, III.

O'Keefe, O'Keefe & Berrigan, Peggy M. Vicknair, New Orleans, for defendants-appellees, Joan Elyse Treadway and Volkswagen Ins. Co.

J. Michael Cumberland, New Orleans, for defendant-appellee, Joan Elyse Treadway individually.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, G. Bruce Kuehne, New Orleans, for defendants-appellees, Gaines P. Wilson & Son, Inc. and Liberty Mut. Ins. Co.

Philip K. Jones, Marshall W. Wroten, Robert J. Jones, Doran & Kivett, Baton Rouge, for defendant-appellee, The Department of Highways of State of La.

Before GULOTTA, STOULIG and BEER, JJ.

GULOTTA, Judge.

Plaintiff appeals from the dismissal of her suit for damages sustained in an automobile accident. We affirm.

Diane Ainsworth, a guest passenger, was injured when the car in which she was riding was rearended as it came to a stop for a barricade placed in the left lane of I-10 East by the highway contractor who was performing construction work on the median at the site. The left lane had been closed to traffic by means of a "taper", a barricade...

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