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MOLBERT v. TOEPFER

No. 87-1382.

540 So.2d 577 (1989)

Chris G. MOLBERT, Oscar G. Molbert Sr., Mrs. Oscar Molbert, Sr., & Louisiana Health Service & Indemnity Company (Blue Cross) (Intervenor), Plaintiffs-Appellants, v. Arthur D. TOEPFER, Allstate Insurance Company (Dismissed 03/11/85), Department of Transportation and Development, State of Louisiana, City of Lafayette & Continental Insurance Company, Defendants-Appellants (Toepfer & State of La. through Dept.), Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted May 26, 1989.

Attorney(s) appearing for the Case

Gibbens & Blackwell, John Blackwell, New Iberia, Sonnier & Hebert, Paul J. Hebert, Abbeville, for plaintiffs-appellants.

Robert J. Adams, Norman L. Sisson, Sharon F. Lyles, Lafayette, for defendants-appellants.

Allen, Gooch, Aaron J. Allen, Voorhies & Labbe, E. Gregory Voorhies, Lafayette, for defendants-appellees.

Before GUIDRY, LABORDE and KING, JJ.

LABORDE, Judge.

Plaintiffs, Chris Molbert and his parents, filed suit against Arthur D. Toepfer seeking to recover damages for injuries Chris sustained as a guest passenger in a car driven by Toepfer that crashed into a utility pole in Lafayette. Plaintiffs also sued Allstate Insurance Company (Allstate), Toepfer's UM carrier, and the Louisiana Department of Transportation & Development (DOTD), claiming that it negligently designed and maintained the highway where...

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