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SMITH v. STATE THROUGH DEPT. OF PUBLIC SAFETY

No. CA 91 0618.

620 So.2d 1172 (1992)

Jeanne Harwell SMITH and Jesse L. Smith v. STATE of Louisiana Through the DEPARTMENT OF PUBLIC SAFETY and State of Louisiana through the Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 22, 1993.

Attorney(s) appearing for the Case

Paul Due, Baton Rouge, for plaintiffs.

Jonathan R. Schmidt, Hammond, for State Dept. of Public Safety.

Randall Cashio, Baton Rouge, for State/ DOTD.

Wayne Ray Chutz, Port Vincent, for Livingston Police Jury.

Christopher Matchett, Baton Rouge, for intervenor State.

Before WATKINS, SHORTESS, LANIER, CRAIN and GONZALES, JJ.

LANIER, Judge.

This action is a suit for damages in tort arising from an accident that occurred when a motorist drove her automobile on a flooded private road and struck a pothole. Suit was filed by Jeanne H. Smith and her husband, Jesse L. Smith, (the Smiths) against the State of Louisiana through the Department of Public Safety (DPS) and the Department of Transportation and Development (DOTD); DPS and DOTD answered and filed third party demands against the Livingston...

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