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ROSATO v. LA. DEPT. OF TRANSP. & DEV.

Nos. 97-CA-2543 to 97-CA-2546.

714 So.2d 862 (1998)

Frank J. ROSATO and Selema Rosato v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al. Kathleen Louise BLAND v. ALLSTATE INSURANCE COMPANY, et al. Charlotte McGUIRE v. Avis T. HENDERSON, et al. Henry NUILA v. STATE of Louisiana, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 27, 1998.

Attorney(s) appearing for the Case

Harvey J. Lewis, Douglas V. Freret, II, Lewis & Kullman, New Orleans, for Plaintiffs-appellants Frank J. Rosato, Selema Rosato and Kathleen Louise Bland.

Richard P. Ieyoub, Attorney General, Nat G. Kiefer, Jr., Special Assistant Attorney General, Metairie, for Defendant-Appellee State of Louisiana through Dept. of Transportation and Development.

Stephen W. Rider, Arthur H. Leith, McGlinchey Stafford, New Orleans, for Appellee Work Zone, Inc.

Michael G. Cordes, David D. Bravo, Hoffman, Siegel, Seydel, Bienvenu & Centola, New Orleans, for Defendant/Appellee Jack B. Harper Contractor, Inc.

Michael R.C. Riess, Randal R. Cangelosi, Robert B. Evans, III, House, Kingsmill, Riess & Seabolt, L.L.C., New Orleans, for Defendants/Appellees Boh Bros. Construction Co., Inc. and National Union Fire Ins. Co. of Pittsburgh PA.

Before SCHOTT, LOBRANO and MURRAY, JJ.

LOBRANO, Judge.

Plaintiffs appeal the summary judgment which dismissed their claims against the Department of Transportation and Development and its contractors and subcontractors. The facts and procedural history precipitating this judgment are as follows:

On Halloween night, 1992, Avis Henderson began the night in Baton Rouge, drinking and celebrating at a fraternity party; later that evening she and two friends decided to travel to New Orleans. They utilized...

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