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MYERS v. STATE FARM MUT. AUTO. INS. CO.

No. 84-CA-1171.

483 So.2d 1063 (1985)

Karen MYERS, Individually and as Administratrix of the Estate of Her Minor Son, Samuel Todd Rodgers v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Les Reynolds.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion January 9, 1986.

On Rehearing March 5, 1986.

Writ Granted May 1, 1986.

Attorney(s) appearing for the Case

Joseph Olinde, Jr., Baton Rouge, for plaintiff-appellee Karen Myers, Individually and as Administratrix of the Estate of her minor son, Samuel Todd Rodgers.

Lawrence A. Durant, Baton Rouge, for defendant-appellant State of La., through Dept. of Transp. & Development.

Paul Marks, Baton Rouge, for defendant-appellee State Farm Mut. Auto. Ins. Co.

Before EDWARDS, LANIER and JOHN S. COVINGTON, JJ.

EDWARDS, Judge.

From a judgment in favor of the plaintiff the Department of Transportation and Development appeals.* We affirm.

This suit arose out of an automobile accident in which eleven-year-old Samuel Todd Rodgers was severely injured when the Honda automobile in which he was a passenger crashed into a tree on the side of the road. The driver of the Honda was Todd's friend, Donnie Brister, who was home on leave from the Navy...

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