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CLIFTON v. COLEMAN

No. 32,612-CA.

748 So.2d 1263 (1999)

Elder D. Faye CLIFTON, Plaintiff-Appellee/Second Appellant, v. Edward O. COLEMAN, et al, Defendant-First Appellant/Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 23, 1999.

Attorney(s) appearing for the Case

Gary D. Nunn, Jonesboro, for Elder D. Faye Clifton.

Theus, Grisham, Davis & Leigh, by Charles H. Heck, Phillip D. Myers, Monroe, for USAA Property & Casualty Insurance Co. and Edward O. Coleman.

Hayes, Harkey, Smith & Cascio, by Joseph D. Cascio, Jr., Monroe, for Ouachita Parish Policy Jury.

Monique Freeman Rauls, Baton Rouge, Ashley Bristow Witherspoon, Alexandria, Victoria Reed Murry, Baton Rouge, for State of Louisiana, DOTD, Department of Justice.

Tracy L. Oakley, Ruston, for June S. Thompson and Illinois National Insurance Co.

BEFORE: STEWART, GASKINS and CARAWAY, JJ.

CARAWAY, J.

The two motorists in this case, the plaintiff and the defendant/third-party plaintiff, appeal a decision of the trial court that dismissed their claims against the State of Louisiana through the Department of Transportation and Development ("DOTD") and the Parish of Ouachita (the "Parish") at the close of plaintiff's caseinchief. For the following reasons, we affirm the trial court with respect to the dismissal of DOTD, but reverse and remand for a new...

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