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C.R. KIRBY v. PARISH OF E. BATON ROUGE

Nos. 98 CA 0735 to 98 CA 0737.

739 So.2d 323 (1999)

C.R. KIRBY CONTRACTORS, INC. v. PARISH OF EAST BATON ROUGE and State of Louisiana Department of Transportation and Development. Willis Scott v. East Baton Rouge City-Parish, XYZ Insurance Company and State of Louisiana, Department of Transportation and Development. Aetna Casualty And Surety Company v. City Of Baton Rouge, Parish of East Baton Rouge, and State of Louisiana, Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

June 25, 1999.

Attorney(s) appearing for the Case

Helen Edgington, Esq., Baton Rouge, Counsel for Plaintiff-Appellee—C.R. Kirby Contractors, Inc.

Dr. E.A. Robinson, III, Baton Rouge, Counsel for Plaintiff-Appellee—Willis Scott.

Mark Plaisance, Baker, Counsel for Plaintiff—Appellee—Willis Scott.

Arthur H. Andrews, Baton Rouge, Counsel for Plaintiff-Appellee—Aetna Casualty and Surety Company.

Rodd Naquin, Baton Rouge, Counsel for Defendant-Appellant—State of Louisiana, Department of Transportation and Development.

Randall J. Cashio, Baton Rouge, Counsel for Defendant-Appellee—City-Parish of East Baton Rouge.

Before: FOIL, FITZSIMMONS, GUIDRY, WEIMER and PETTIGREW, JJ.

FITZSIMMONS, J.

At approximately 9:00 a.m. on April 15, 1997, the Department of Transportation and Development for the State of Louisiana (DOTD) was notified of a problem on Greenwell Springs Road in Baton Rouge. When DOTD arrived on the scene, the problem was identified as a broken or ineffective manhole cover over a sewer manhole. The roadway was in the custody of DOTD. The sewerage system, including the manhole cover, was built, owned, and maintained by the City...

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