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BROWN v. COX

No. 15222-CA.

430 So.2d 131 (1983)

Ricky Lee BROWN, Individually and as Administrator of the Estate of his minor child, Susan Lee Brown, and Cindy Brown, Plaintiffs-Appellants, v. Michael COX, Red River Parish Police Jury, and The State of Louisiana, through the Louisiana Department of Highways, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

March 28, 1983.

Attorney(s) appearing for the Case

Cline, Miller & Richard by Thomas D. Curtis, Rayne, for plaintiffs-appellants.

Nelson & Achee, Ltd. by Roland J. Achee, Shreveport, for defendant-appellee, Michael Cox.

William R. Jones, Dist. Atty., Coushatta, for defendant-appellee, Red River Parish Police Jury.

Jerry L. Finley, Baton Rouge, for defendant-appellant, La. Dept. of Transp. and Development, State of Louisiana.

Before PRICE, JASPER E. JONES and NORRIS, JJ.

PRICE, Judge.

This is an appeal from the sustaining of a motion for summary judgment ordering the dismissal of plaintiff's tort action as to the defendant, Red River Parish Police Jury. The pivotal fact at issue is whether the road from which plaintiff's vehicle entered onto Louisiana Highway 1 and thereafter collided with another automobile is a public or private road. We find the supporting affidavits to the defendant's motion to be insufficient to show there is...

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