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BERNARD v. STATE, THROUGH DOTD

No. 93-1376.

640 So.2d 694 (1994)

Dalbert BERNARD, etc., Plaintiffs-Appellees, v. STATE of Louisiana, THROUGH the DEPARTMENT OF (HIGHWAYS) TRANSPORTATION & DEVELOPMENT, etc., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied October 14, 1994.

Attorney(s) appearing for the Case

Lawrence K. Burleigh, Joseph Roussel Streva Jr., Lafayette, for Dalbert Bernard.

Barry Gerard Toups, Baton Rouge, for State, DOTD.

Robert Murray Mahony, Lafayette, for Louisiana Paving.

Peggy Dean St. John, Henry B. Bruser III, Alexandria, for Crager Indus.

Christopher Richard Philipp, Lafayette, for Barber Bros.

Before GUIDRY, C.J., and YELVERTON and WOODARD, JJ.

YELVERTON, Judge.

This appeal is from a judgment awarding damages to Dalbert Bernard for personal injuries caused by the fault of the State of Louisiana, through the Department of Transportation and Development (DOTD), in a one-vehicle accident which happened during the construction of a highway project. The accident happened on June 7, 1980 when the law provided that contributory negligence barred a plaintiff's recovery. The DOTD appealed. The assignments of error...

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