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TOOLE v. TUCKER

No. 19263-CA.

519 So.2d 348 (1988)

Loretta TOOLE, Individually and as Executrix of the Estate of Her Deceased Minor Child, Christopher Allen, Plaintiff/Appellant, v. A.D. TUCKER and Paul Tucker, Defendants/Appellants, Caddo Parish Commission, Defendant/Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied March 18, 1988.

Attorney(s) appearing for the Case

C. William Gerhardt & Associates by William F. Kindig, Shreveport, Loretta Toole et al. for plaintiff/appellant.

Barnes, Jefferson, Robertson & Green by Stephen A. Jefferson, Monroe, for defendants/appellants A.D. Tucker, Paul Tucker.

Blanchard, Walker, O'Quinn & Roberts by Julie Mobley LaFargue, and W. Glen Mangham, Asst. Dist. Atty., Shreveport, for defendant/appellee, Caddo Parish Comm.

Before JASPER E. JONES, FRED W. JONES, Jr. and NORRIS, JJ.

FRED W. JONES, Jr., Judge.

A mother sued the developers of a subdivision for damages for the death of plaintiff's five year old child allegedly thrown from a van when the vehicle struck a pothole in a subdivision street. It was asserted in the alternative that, if the street had been dedicated to the Caddo Parish Commission ("CPC"), the accident was due to the negligence of that defendant.

CPC filed a motion for summary judgment, which was sustained. Both...

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