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RUE v. STATE, DEPT. OF HIGHWAYS

No. 63813.

372 So.2d 1197 (1979)

Patricia C. RUE and Lloyd Rue, Jr. v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS.

Supreme Court of Louisiana.

Rehearing Denied July 27, 1979.

Attorney(s) appearing for the Case

Allen L. Smith, Jr., Plauche, Smith, Hebert & Nieset, Lake Charles, for plaintiffs-applicants.

Robert R. Roche, State Dept. of Transp. and Development, Office of Highways, Baton Rouge, for defendant-respondent.

CALOGERO, Justice.

This case presents the narrow legal issue of whether a motorist who inadvertently drives off a highway onto its shoulder and who loses control of her vehicle upon striking an admittedly dangerous rut in the shoulder is barred from recovery for her injuries by her negligence in leaving the paved surface of the highway.

The uncontroverted facts of this case are that the Department of Highways was...

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