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BRANDON v. STATE, THROUGH DEPT. OF HIGHWAYS

No. 13748.

367 So.2d 137 (1979)

Beverly F. BRANDON, Individually and as tutrix for minors, Jonathan Dustin Brandon and Jerry Lee Brandon, et al., Plaintiffs-Appellees, v. STATE of Louisiana, Through DEPARTMENT OF HIGHWAYS, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Refused March 16, 1979.

Attorney(s) appearing for the Case

Kitchens, Benton, Kitchens, Pearce & Elkins by John B. Benton, Jr., Minden, for plaintiffs-appellees.

Philip K. Jones, Marchall W. Wroten, Robert J. Jones, Doran & Kivett by William J. Doran, Jr., Sp. Asst. to Gen. Counsel La. Dept. of Transp. and Dev., Baton Rouge, for defendant-appellant.

Before BOLIN, PRICE and HALL, JJ.

HALL, Judge.

The State of Louisiana, Department of Transportation and Development, formerly the Department of Highways, appeals from a judgment for damages rendered against it in favor of plaintiffs for injuries sustained by three passengers and the death of one passenger who were riding in a vehicle which 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. For...

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