WIGGINS v. STATE THROUGH DEPT. OF TRANSP. AND DEVELOPMENT

No. CA 97 0432.

712 So.2d 1006 (1998)

Alma Gilton WIGGINS, Individually and on behalf of her minor child, Duncan Wiggins v. STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

May 15, 1998.


Attorney(s) appearing for the Case

Dorothy Jackson, Baton Rouge, for Defendant/Appellant DOTD.

Walter Dumas, Baton Rouge, for Plaintiff/Appellee Alma Gilton Wiggins.

Denis Gaubert, III Thibodaux, for Third Party Defendants and Third Party Plaintiff Clayton Gros and La. Farm Bureau Ins. Co.

Before FOIL, WHIPPLE and KUHN, JJ.


WHIPPLE, Judge.

Defendant, the State, through the Department of Transportation and Development, appeals the trial court's judgment maintaining plaintiff's peremptory exception of prescription and denying defendant's peremptory exception of no right of action. For the following reasons, we affirm the judgment insofar as it denied defendant's peremptory exception of no right of action and reverse the portion of the judgment maintaining the peremptory exception of prescription...

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