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OSWALT v. STATE, DOTD

No. 93-850.

640 So.2d 388 (1994)

Linda Breaux Fuller OSWALT, Executrix of the Succession of Jerald W. Fuller, Plaintiff-Appellant-Appellee, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellee-Appellant.

Court of Appeal of Louisiana, Third Circuit.

March 30, 1994.

Attorney(s) appearing for the Case

Louis D. Bufkin, Lake Charles, for Jerald W. Fuller.

Rick J. Norman, Lake Charles, for State, Dept. of Transp. and Development.

Before GUIDRY, DOUCET, KNOLL and COOKS, JJ., and CULPEPPER, J. Pro Tem.

KNOLL, Judge.

This is an appeal from a judgment where the trial court refused to reopen the case, after argument, but before signing of the judgment, to receive testimony of the death of Jerald W. Fuller, the plaintiff, and declined to grant the State of Louisiana, through the Department of Transportation and Development (DOTD), the defendant, a new trial. The purpose of DOTD's motions was to present testimony of the effect of Fuller's death, from causes unrelated...

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