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MILLER v. DUPONT

No. 97-267.

702 So.2d 902 (1997)

Tina MILLER, et vir., Plaintiffs-Appellants, v. Louise P. DUPONT, et al., Defendant, State of Louisiana—Appellant, Hartford Insurance Company—Intervenor, Village of Plaucheville—Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1997.

Attorney(s) appearing for the Case

Darrel Dee Ryland, Joseph Blaise Treuting, Marksville, for Tina Miller, et vir.

Robert Lewis Bussey, Asst. Dist. Atty., Lewis O. Lauve, Jr., Asst. Atty. Gen., Alexandria, for State.

Kenneth Leo Riley, Baton Rouge, for Hartford Insurance Company.

Steven J. Bienvenu, Opelousas, Paul A. Holmes, Baton Rouge, for Village of Plaucheville.

Before YELVERTON, PETERS and PICKETT, JJ.

YELVERTON, Judge.

This case involves a one-car accident which occurred on Louisiana Highway 107 in Avoyelles Parish on October 4, 1990. Tina Miller, the injured plaintiff, employed with Evangeline Medi Van, was transporting a patient in a car driving south on the highway. At the same time Louise Dupont was also traveling south in her car ahead of Miller.

Miller, going 55 miles per hour, caught up with Dupont, going 35 miles per hour, and decided to pass her...

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