McSWEENEY v. DEPT. OF TRANSP. & DEVELOPMENT

No. 83 CA 0193.

442 So.2d 659 (1983)

John McSWEENEY, et al. v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT OF LOUISIANA, et al.

Court of Appeal of Louisiana, First Circuit.

November 22, 1983.


Attorney(s) appearing for the Case

Orlando G. Bendana, New Orleans, for plaintiff and appellee.

Grady C. Weeks, Houma, for defendant and appellant.

Timothy G. Schafer, New Orleans, for defendant United Services Auto Ins.

Before COVINGTON, COLE and SAVOIE, JJ.


COLE, Judge.

This is a "strict liability" case (La.Civ. Code art. 2317) involving the condition of Louisiana Highway 659 near Houma, on March 17, 1980. The Department of Transportation and Development (DOTD) concedes proof has been made of the defect and its custody of the "thing." At issue is whether or not the defective condition of the highway, including its adjacent shoulder, was causative of the injuries sustained by four minor children when the car in which...

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