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USRY v. LOUISIANA DEPARTMENT OF HIGHWAYS

Nos. 12024, 12025.

402 So.2d 240 (1981)

Jana P. USRY, widow of David P. Usry v. LOUISIANA DEPARTMENT OF HIGHWAYS

Court of Appeal of Louisiana, Fourth Circuit.

Writs Denied September 28, 1981.

Attorney(s) appearing for the Case

Lawrence S. Kullman, Harvey J. Lewis, New Orleans, for Jana P. Usry, plaintiff-appellant; Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, of counsel.

Joseph E. Roberts, Hebert & Abbott, New Orleans, for Reliance Insurance Co., plaintiff-appellant.

Philip K. Jones, Norman L. Sisson, Marshall W. Wroten, Jesse S. Guillot, New Orleans, for Louisiana Department of Transportation and Development, defendant-appellee.

Before BOUTALL, BARRY and KLEES, JJ.

BOUTALL, Judge.

This appeal arises from a judgment of the trial court dismissing the plaintiff's claim for damages from the defendant for the wrongful death of the plaintiff's husband who was fatally injured in an auto accident.

On September 8, 1975, at approximately 9:15 P.M., David Usry, an employee of Creative Industries was travelling alone in his rented automobile in an easterly direction on Interstate 10 toward New Orleans. When he reached the area of...

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