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BENNETT v. BARDWELL

No. 84-885.

480 So.2d 349 (1985)

Warren BENNETT, Plaintiff-Appellee-Appellant, v. Gerald BARDWELL and Sentry Indemnity Company, Defendants, State of Louisiana, Through the Department of Transportation and Development, Defendant-Appellant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 16, 1986.

Attorney(s) appearing for the Case

William J. Doran, Baton Rouge, for defendant-appellant-appellee.

Antoon & Dalrymple, Joseph T. Dalrymple, Alexandria, for plaintiff-appellee-appellant.

Before DOMENGEAUX, STOKER and KNOLL, JJ.

STOKER, Judge.

Warren Bennett sued Gerald Bardwell, Bardwell's insurer, and the State of Louisiana, through the Department of Transportation and Development (DOTD), to recover damages resulting from a vehicular collision between Bennett and Bardwell. Bardwell and his insurer were released on a partial judgment of dismissal. After trial the judge found that the State was fully responsible, resting "upon either negligence (La.C.C. Art. 2315) or strict liability (La...

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