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CHANCE v. STATE, DOTD

No. 89-319.

567 So.2d 683 (1990)

Larry CHANCE, et al., Plaintiffs-Appellees, v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

September 20, 1990.

Attorney(s) appearing for the Case

Kenneth N. Simmons, Many, for plaintiffs/appellees.

Stafford, Stewart & Potter, Kay Michiels, Alexandria, for defendant/appellant.

Nelson Lee, Bunkie, Brittain & Williams, Joe P. Williams, Natchitoches, Wm. J. Aubrey, Lafayette, Mike Henry, Natchitoches, and Stassi, Rausch, Giordano, Joseph W. Rausch, Metairie, for defendants/appellees.

Before DOUCET, KNOLL and KING, JJ.

KING, Judge.

The issue presented by this appeal is whether the trial judge erred in granting defendant's Motion for Summary Judgment.

On November 29, 1984, there was a three vehicle accident allegedly caused by a "washout" on the shoulder of State Highway 117 in Natchitoches Parish, Louisiana. As a result of this accident, two separate suits were brought against the State of Louisiana, through the Department of Transportation and Development (hereinafter DOTD...

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