HEINDEL v. HARLEY-DAVIDSON MOTORCYCLES

No. C-3228.

467 So.2d 641 (1985)

Glenn David HEINDEL v. HARLEY-DAVIDSON MOTORCYCLES, et al.

Court of Appeal of Louisiana, Fourth Circuit.

April 22, 1985.


Attorney(s) appearing for the Case

Paul J. Mirabile, Lawrence J. Duplass, New Orleans, for relators.

Gregory J. Lannes, Jr., Chalmette, for respondent.

Before GARRISON, BARRY and LOBRANO, JJ.


BARRY, Judge.

Relators seek to declare unconstitutional La.R.S. 13:5105 which prohibits a jury trial against the state or a political subdivision. This suit involves a motorcycle-automobile collision on a state bridge. Plaintiff sued the motorcycle manufacturer and the Louisiana Department of Transportation. The state's motion to strike the jury under R.S. 13:5105 was granted.

Relators claim a lack of constitutional equal protection. In granting this writ...

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