FOWLER v. ROBERTS

No. 88-C-1422.

556 So.2d 1 (1989)

Marvin F. FOWLER, et al. v. Bobby R. ROBERTS, et al.

Supreme Court of Louisiana.

Rehearing Granted October 12, 1989.

On Rehearing February 5, 1990.

Dissenting Opinion February 9, 1990.


Attorney(s) appearing for the Case

Robert L. Roshto, Baton Rouge, for applicant.

R. Wayne Smith, Ruston, Robert P. Hogan, Raleigh Newman, Lake Charles, Charles H. Heck, Theus, Grisham, Davis & Leigh, Monroe, for respondent.


LEMMON, Justice.

The principal issue in this case is whether the State Department of Public Safety (DPS) is liable for damages sustained by plaintiffs in a three-car collision caused by defendant Bobby R. Roberts while Roberts was undergoing the effects of a seizure. The basis of plaintiffs' claim against DPS was that DPS issued a virtually unrestricted driver's license to Roberts with full knowledge that he was prone to seizures and without requiring any monitoring...

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