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SCOTT v. STATE, DEPT. OF TRANSP. & DEV.

No. 83-C-0369.

428 So.2d 475 (1983)

Kuumba Nakazia SCOTT, and Dorothy Scott, as Dative Tutrix v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Supreme Court of Louisiana.

March 18, 1983.

Denied.

MARCUS and LEMMON, JJ., would grant the writ.

BLANCHE, Justice, dissents from denial with reasons:

I would grant this writ to examine the issue of the driver's contributory negligence. In my view, the presence of a drop off does not automatically render such a defect as the principal cause of the accident. See LeBlanc v. State, 419 So.2d 853 (La. 1982) (Blanche, J., dissenting); Sinitiere v. Lavergne...

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