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SCOTT v. CLARK

No. CW 91 0137.

583 So.2d 938 (1991)

Daisy P. SCOTT and Alton J. Scott v. Judy H. CLARK and State of Louisiana Through the Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

June 27, 1991.

Attorney(s) appearing for the Case

Gregg J. Graffagnino, St. Martin, Lirette & Shea, Houma, for plaintiffs Daisy P. Scott and Alton J. Scott.

Michael L. Martin, Windhorst, Gaudry, Talley & Ranson, Gretna, for defendants (Requesting Writ) Judy H. Clark and State of La.

Before COVINGTON, C.J., and LANIER and GONZALES, JJ.

LANIER, Judge.

This is a suit for damages in tort by Daisy P. Scott and Alton J. Scott (the Scotts) against the State of Louisiana through the Department of Transportation and Development (DOTD) and one of its employees, Judy H. Clark. The Scotts did not request a trial by jury. DOTD answered denying all allegations and did not request a trial by jury. Later, Clark answered and requested a trial by jury. On September 11, 1990, the trial court ordered a trial by jury...

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