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DEUMITE v. STATE

No. 94 CA 1210R.

692 So.2d 1127 (1997)

Norman DEUMITE, Individually and as Provisional Curator for his Son, Sloan Deumite; Sloan Deumite; and Kay Deumite v. STATE of Louisiana, State of Louisiana, Department of Wildlife and Fisheries; State of Louisiana, Department of Transportation and Development; State of Louisiana, Department of Public Safety; Pointe Coupee Parish Police Jury; Hillary J. Langlois, Jr., Mickey Ewing Langlois d/b/a Jerry's Boat Landing; Jerry's Boat Landing; ABC Insurance Company; DEF Insurance Company, JKL Insurance Company; MNO Insurance Company; PQR Insurance Company; and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion April 23, 1997.

Rehearing Denied April 24, 1997.

Attorney(s) appearing for the Case

Rick A. Caballero, Donald W. Price, Baton Rouge, and Patrick W. Pendley, Plaquemine, for Plaintiffs-Appellees Norman Deumite, et al.

Richard P. Ieyoub, Attorney General, Terri M. Collins, Spec. Asst. Atty. General, Baton Rouge, for Defendants-Appellants State of Louisiana, State of Louisiana Department of Wildlife and Fisheries and State of Louisiana Department of Natural Resources.

Before LOTTINGER, WATKINS, PITCHER, KUHN and TANNER, JJ.

Dissenting Opinion of Judge Kuhn, April 23, 1997.

WATKINS, Judge.

Seventeen-year-old Sloan Deumite was severely injured in a diving accident on False River Lake on August 30, 1986. He and his parents sued the State of Louisiana and various state departments. The trial court rendered judgment in plaintiffs' favor and against the State. At the trial level, the Department of Wildlife and Fisheries (DWF) urged the defense of immunity under Subsection E of the...

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