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TEEL v. STATE, DEPT. OF TRANSP. & DEVELOPMENT

No. 96-CA-0592.

681 So.2d 340 (1996)

Embry TEEL and Patricia Ann Teel v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and Virginia Wolfe. Virginia Gilbert, Wife of and Charles WOLFE, Individually and as the Representative of His Minor Son David Wolfe v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Embry Teel, Linda Hupin, and Automotive Casualty Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied November 15, 1996.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Iris Ann Tate, New Orleans, John Elliott Baker, Metairie, Charles T. Williams, Jr., New Orleans, for Applicant.

Samuel R. Exnicios, New Orleans, Michael Robert Carson Riess, New Orleans, Randal R. Cangelosi, New Orleans, David Wyatt Robertson, Baton Rouge, Sheryl Michelle Howard, New Orleans, Michael Stephen Haddad, New Orleans, and Randal Wyatt Robertson.

Hans Joseph Liljebert, for Amicus Curiae Jefferson Parish.

Donald Wayne Price, Baton Rouge, for Amicus Curiae Sloan Deumite.

WATSON, Justice.1

These consolidated suits against the Department of Transportation and Development (DOTD) arise out of an automobile accident in which Embry Teel sustained grievous bodily injury.2 The Teels sued the DOTD under theories of negligence and strict liability. The trial court found the DOTD 50% liable for Embry Teel's injuries. In making its decision, the trial court decided that LSA-R.S. 9:2800...

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