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SWINFORD v. DOLPHIN CONST. CO.

No. 97-CA-2504.

716 So.2d 29 (1998)

Kathleen SWINFORD, et al. v. DOLPHIN CONSTRUCTION CO., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 31, 1998.

Attorney(s) appearing for the Case

Robert W. "Doc" Booksh, Jr., John B. Fox, New Orleans, for Plaintiffs-Appellants Kathleen Swinford, et al.

Richard P. Ieyoub, Attorney General, Irving H. Koch, Special Assistant Attorney General, Koch & Koch, New Orleans, for Defendant-Appellee State, Through the Department of Transportation and Development.

Nelson W. Wager, III, Chopin, Wagar, Cole, Richard, Reboul & Kutcher, LLP, Metairie, for Benjamin Swinford.

Michael P. Mentz, Walter A. Bond, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, for Defendant-Appellee Kathleen Swinford.

Before KLEES, PLOTKIN and McKAY, JJ.

KLEES, Judge.

The principal issue in this case is whether the defendant/appellee, the Department of Transportation and Development (hereinafter "DOTD"), is liable for damages sustained by Plaintiffs/appellants, Kathleen Swinford ("Kathleen") and Benjamin Swinford ("Ben") (collectively referred to as "Plaintiffs"), in a severe automobile accident. The basis of Plaintiffs' claim is that the accident occurred in whole or part as a result of the decision by the defendant...

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