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HANO v. DEPT. OF TRANSP. AND DEVELOPMENT

No. 88-C-0669.

523 So.2d 861 (1988)

Lena Mae Ezell HANO, Harold Ray Hano, Sharon Ann Hano Sullivan, Kenneth James Hano, Phillip Wayne Hano, and Nancy Marie Hano v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Supreme Court of Louisiana.

April 22, 1988.

Denied. The result is correct.

LEMMON, J., concurs, disagreeing with the reasoning of the court of appeal, but finds no basis to hold defendant at fault.

CALOGERO and COLE, JJ., would grant the writ. There is no presumption of Hano's negligence in this case. The Court of Appeal erred in extending the presumption of negligence enunciated in Simon v. Ford Motor Company, 282 So.2d 126 (La. 1973), to these facts. The...

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