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BURGE v. CITY OF HAMMOND

No. 85 CA 0268.

509 So.2d 151 (1987)

Donna BURGE, et al. v. CITY OF HAMMOND, et al.

Court of Appeal of Louisiana, First Circuit.

May 27, 1987.

Attorney(s) appearing for the Case

Hobart O. Pardue, Jr., Springfield, Phillip T. Hager, New Orleans, for plaintiff-appellee.

Iddo Pittman and Mr. Christopher Moody, Hammond, for defendant-appellee City of Hammond.

Randall Cashio, Baton Rouge, for State of La., through the Dept. of Trans. & Develop. defendant-appellee.

E. Kelleher Simon, Covington, for Allstate Ins. defendant-appellee.

Before SAVOIE, CRAIN and JOHN S. COVINGTON, JJ.

CRAIN, Judge.

We originally reversed a trial court decision in this personal injury action rendered in favor of the plaintiff against the Department of Transportation and Development (DOTD). Burge v. City of Hammond, 489 So.2d 1320 (La.App. 1st Cir.1986). The supreme court remanded rejecting the view that no duty is owed by DOTD to an imprudent driver under comparative fault except when the motorist would also have recovered...

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