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HUTZLER v. COLE

No. 93 CA 0486.

633 So.2d 1319 (1994)

Deborah A. HUTZLER and Terry L. Hutzler, v. Martha H. COLE, Allstate Insurance Company, State of Louisiana, Department of Transportation and Development, East Feliciana Parish School Board, Lilla W. Gilbert, and Citicorp Acceptance Corporation.

Court of Appeal of Louisiana, First Circuit.

March 11, 1994.

Attorney(s) appearing for the Case

Larry M. Roedel, Baton Rouge, for plaintiffs-appellants Deborah Hutzler and Terry Hutzler.

Leah H. McKay, Baton Rouge, for intervenor-appellee Liberty Mut. Ins. Co.

Brenda H. Verbois, Baton Rouge, for defendant-appellee State of La., DOTD.

Tim A. Tullos, Baton Rouge, for defendant-appellee State Farm Mut. Auto Ins. and Lynne Dehabermann.

Before CARTER, GONZALES and WHIPPLE, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment dismissing petitioners' wrongful death claims on a motion for involuntary dismissal.

FACTS

In 1990, Rachel Michelle ("Shelley") Hutzler was a seventeen-year-old senior at Zachary High School. Her brother, Thomas Patrick ("Tommy") Hutzler, was a fifteen-year-old sophomore at the same high school. On February 9, 1990, at approximately 7:20 a.m., Shelley was driving to school in a 1988 Nissan...

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