BRADSHAW v. STATE, DEPT. OF WILDLIFE & FISHERIES

No. 24733-CA.

616 So.2d 799 (1993)

Emma Lee Myles BRADSHAW, Plaintiff-Appellant, v. STATE of Louisiana Through DEPARTMENT OF WILDLIFE AND FISHERIES, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied June 25, 1993.


Attorney(s) appearing for the Case

Napper, Waltman, Madden & Rogers by O.L. Waltman, Jr., Ruston, for plaintiff-appellant.

Richard P. Ieyoub, Atty. Gen., Baton Rouge, Rankin, Yeldell, Herring & Katz by Richard A. Bailly, Bastrop, for defendants-appellees.

Before SEXTON, NORRIS and HIGHTOWER, JJ.


HIGHTOWER, Judge.

Emma Bradshaw filed this wrongful death action against two state governmental agencies, namely, the Department of Wildlife and Fisheries ("Department") and the Bayou D'Arbonne Lake Watershed District ("District"). Both defendants, claiming benefit of the qualified immunity afforded by the recreational use statute, LSA-R.S. 9:2795, excepted that plaintiff's petition failed to state a cause of action. From the trial court's sustention of that plea...

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