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SINITIERE v. LAVERGNE

No. 67482.

391 So.2d 821 (1980)

Albert SINITIERE, Jr., et al. v. Gerald W. LAVERGNE et al. Gerald W. LAVERGNE v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Supreme Court of Louisiana.

Rehearing Denied December 15, 1980.

Attorney(s) appearing for the Case

Norman L. Sisson, Marshall W. Wroten, Robert J. Jones, Baton Rouge, Christopher B. Fruge, Ville Platte, for defendant-applicant.

J. Minos Simon, J. Minos Simon, Ltd., Anthony M. Fazzio, Lafayette, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Dennis Doise, Onebane & Donahoe, Metairie, for plaintiff-respondents.

BLANCHE, Justice.

At issue in this case is whether the Court's decision in Rue v. State, Department of Highways, 372 So.2d 1197 (La. 1979), compels a finding that the Department of Transportation and Development (Department), is solely liable for damages whenever a motorist inadvertently steers his vehicle onto a road shoulder containing a dangerous rut and loses control of the vehicle, thereby injuring himself and others...

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