STOBART v. STATE THROUGH DOTD

No. 92-C-1328.

617 So.2d 880 (1993)

Shirley STOBART & Edward Stobart, Applicants, v. STATE of Louisiana, Through DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Respondent.

Supreme Court of Louisiana.

April 12, 1993.


Attorney(s) appearing for the Case

James S. Gates, Morrow, Morrow, Ryan & Bassett, Opelousas, for applicant.

Richard P. Ieyoub, Atty. Gen., W. Steven Mannear, Poynter, Mannear & Speer, Baton Rouge, for respondent.


CALOGERO, Chief Justice.*

We granted certiorari on plaintiffs' application to decide whether the Court of Appeal applied properly the correct review standard when it found that the trial court was clearly wrong in its conclusion that the roadway contained a defect and that the DOTD had actual or constructive notice of the defect. The court of appeal concluded that the trial court's findings were manifestly erroneous and reversed the trial...

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