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GREEN v. STATE THROUGH DOTD

No. 93-1352.

637 So.2d 170 (1994)

Paul R. GREEN, Plaintiff-Appellant, v. STATE of Louisiana, Through DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellee, City of Lafayette, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 22, 1994.

Attorney(s) appearing for the Case

Benjamin O. Burns, Lafayette, for Paul R. Green, etc.

Waple Alan Lilley, Lafayette, for State, DOTD et al.

Lester J. Gauthier, Jr., Lafayette, for City of Lafayette.

Before LABORDE, KNOLL and WOODARD, JJ.

WOODARD, Judge.

This is an appeal from a judgment granting the State of Louisiana, Department of Transportation and Development's motion for summary judgment and dismissing it from the lawsuit.

FACTS

On March 22, 1990, plaintiff, Paul R. Green, was travelling on Highway 90 in Lafayette, Louisiana when an unknown pedestrian entered his lane of travel, causing him to swerve to avoid a collision. This evasive maneuver caused plaintiff to lose control...

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