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MILLER v. FIELDS

No. 89-CA-2025.

570 So.2d 39 (1990)

Judy Dupclay MILLER and Earl Miller, Sr. Individually and on Behalf of Their Deceased Minor Son, Earl Miller, Jr. v. Troy FIELDS, Janice Fields, Liberty Mutual Insurance Company, State of Louisiana, Department of Transportation and Development, City of New Orleans, T.L. James and Company, Inc., and BOH Brothers Construction Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 13, 1990.

Writ Denied February 8, 1991.

Attorney(s) appearing for the Case

M.H. Gertler, Rodney P. Vincent, Basile J. Uddo, Lynn Gertler Plotkin, New Orleans, for plaintiffs.

William J. Guste, Jr., Atty. Gen., Randall J. Cashio, Sp. Asst. Atty. Gen., Baton Rouge, for defendant State through the Dept. of Transp. and Development.

Before BYRNES, CIACCIO and WILLIAMS, JJ.

WILLIAMS, Judge.

Plaintiffs, Judy Dupclay Miller and Earl Miller, Sr., appeal the trial court judgment in favor of defendant, State of Louisiana, Department of Transportation and Development (DOTD). The issues before this Court are: 1) whether the trial court was clearly wrong in its finding that plaintiffs failed to prove that their deceased son violated the control of access to Interstate-10 just before he was struck and killed by a vehicle on the service road;...

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