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OSTER v. DEPT. OF TRANSP. AND DEV.

No. 90-CA-0364.

572 So.2d 715 (1990)

Rose Casbon OSTER, Individually and on Behalf of Her Minor Son, Gernard Anthony Casbon, Jr. v. DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, STATE OF LOUISIANA, Parish of St. Bernard, State of Louisiana and Tristate Lloyds Insurance Company of Kansas City, Missouri, in Solido.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted March 1, 1991.

Attorney(s) appearing for the Case

J. Paul Demarest, Edward J. Rivera, Favret, Favret, Demarest & Russo, New Orleans, for plaintiff-appellant.

Kenneth C. Fonte, Metairie, for defendant-appellee.

Before ARMSTRONG, PLOTKIN and BECKER, JJ.

PLOTKIN, Judge.

Plaintiff Rose Casbon Oster appeals a bifurcated trial court judgment which held that defendant, Louisiana State Department of Transportation and Development (DOTD), is not liable under either strict liability or negligence for injuries suffered by plaintiff's minor son when the off-road dirt bike he was driving ran into a drainage ditch in the right of way of Judge Perez Highway (Louisiana Highway 39) in St. Bernard Parish, on property owned and maintained...

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