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LABIT v. TANGIPAHOA PARISH COUNCIL

Nos. CA 90 0442, CA 90 0443.

581 So.2d 732 (1991)

Wade J. LABIT, III, et al., v. TANGIPAHOA PARISH COUNCIL. Consolidated With Emmanuel J. LABIT v. TANGIPAHOA PARISH and the State Through the Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 2, 1991.

Attorney(s) appearing for the Case

Richard McShan, Greensburg, for plaintiff-appellant Wade Labit, III, et al.

Michael R. Guidry, Michael R. Guidry, Olden C. Toups, Jr., New Orleans, for plaintiff, Emmanuel J. Labit, appellant.

Steven B. Witman, Metairie, for defendant-appellant Tangipahoa Parish Council.

Clifton Speed, Amite, for defendant, Parish of Tangipahoa.

Suzanne R. Laguaite, Baton Rouge, for defendant, La. Dept. of Justice.

Before EDWARDS, WATKINS and LeBLANC, JJ.

EDWARDS, Judge.

This is a wrongful death and survival action instituted by the five children1 of the decedent, Wade Labit, Jr., against Tangipahoa Parish and the State of Louisiana through the Department of Transportation and Development (DOTD).2

FACTS

On the morning of January 5, 1988, the decedent Wade Labit, Jr., a 52 year old man was driving...

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