RODGERS v. STATE, DEPT. OF HIGHWAYS

No. 13936.

376 So.2d 1295 (1979)

Mrs. Jerrye Crawford RODGERS, as Natural Tutrix of the Minor Curtis Dayton Rodgers, Plaintiff-Appellant, v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1979.


Attorney(s) appearing for the Case

Stinson & Stinson, by Ford E. Stinson, Jr., Benton, for plaintiff-appellant.

Dotd—Office of Highways, Marshall W. Wroten; Robert J. Jones; David K. Balfour; John W. King by John W. King, Baton Rouge, for defendants-appellees.

Before PRICE, HALL and JONES, JJ.


PRICE, Judge.

Plaintiff filed this suit on behalf of her minor son seeking damages for the wrongful death of the boy's father which occurred when the vehicle he was driving turned over after running off the paved portion of a state highway onto a low shoulder which had not been brought up to grade after the highway was overlaid. Finding the boy's father guilty of contributory negligence, the trial court rendered judgment in favor of defendant. Plaintiff appeals and...

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