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CARUTHERS v. STATE

No. 97-1450.

711 So.2d 420 (1998)

Todd CARUTHERS, Plaintiff-Appellee, v. STATE of Louisiana, Through The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 15, 1998.

Attorney(s) appearing for the Case

Marshall J. Stockstill, Lafayette, Richard Monroe Garner, Baton Rouge, for Todd Caruthers.

Timothy Alan Maragos, Lafayette, for State, Through its Department, etc.

Michael J. Remondet, Jr., Lafayette, for Insurance Company of North America.

Before THIBODEAUX, COOKS and AMY, JJ.

THIBODEAUX, Judge.

The State of Louisiana through its Department of Transportation and Development (hereinafter "DOTD") appeals a judgment granted in favor of Todd Caruthers. As the result of a single-vehicle accident, Mr. Caruthers sustained permanent damage to his spinal cord and was rendered paraplegic. Caruthers contends that an oncoming, "phantom vehicle" caused him to veer off La. Highway 343, but that defects in the roadway's shoulder and slope caused him to...

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