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MOTTON v. TRAVELERS INS. CO.

Nos. CA 84 1296-CA 84 1298.

484 So.2d 816 (1986)

Juanita MOTTON v. TRAVELERS INSURANCE COMPANY, Ascension Parish Emergency Ambulance Service District and Ascension Parish Police Jury. Audrey L. FAVORITE v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT. Gail Lynette A. FAVORITE v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 31, 1986.

Attorney(s) appearing for the Case

Cyrus J. Greco, Baton Rouge, for Juanita Motton, plaintiff-appellee.

Amy E. Counce, Baton Rouge, for Mary Jones, Eldora Garrett Thomas, Eloise Motton Walker, Isaac Motton, Jr. and Leola Garrett James, defendants-appellees in intervention.

Grayson Brown, Baton Rouge, for Travelers Ins. Co., Ascension Parish and Emergency Ambulance Service Dist., Defendants-appellees in intervention.

W. Arthur Abercrombie, Jr., Baton Rouge, for Travelers Ins. Co., defendant-appellee.

Gordon Crawford, Gonzales, for Ascension Parish Police Jury, defendant-appellee.

Stephen C. Riedlinger, Baton Rouge, for Juanita Motton, plaintiff/appellee.

Raymond Gautreau, Donaldsonville, for State Dept. of Transp. and Development, defendant-appellant.

Arion Boyle, New Orleans, for Gail L. Favorite, plaintiff-appellant.

Before LOTTINGER, COLE and CRAIN, JJ.

COLE, Judge.

The primary issues presented in this appeal are whether a rut on the shoulder of a state highway was a cause in fact of the subject vehicular accident; whether comparative fault is applicable in cases such as the present ones, involving a highway shoulder defect; and, quantum.

This matter involves two consolidated wrongful death and survival suits filed, respectively, by Audrey Favorite, the mother of decedent Rita Jackson, against the State of...

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