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SMITH v. CONTINENTAL CAS. CO.

No. 98 CA 2896.

752 So.2d 381 (2000)

Jennifer Rendine Smith, Widow of Brad SMITH, Individually, and on Behalf of Her Minor Son, Kolby Reed Smith v. CONTINENTAL CASUALTY COMPANY, Tycer Ready Mix, Inc., Calvin D. Webb, and State of Louisiana, and the Department of Transportation and Development

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 28, 2000.

Attorney(s) appearing for the Case

David E. Caruso, Jr., Patrick Hufft, New Orleans, for Plaintiff Appellant Jennifer Rendine Smith.

Michael Zelden, Baton Rouge, for Defendant Appellee State of Louisiana, through the Department of Transportation and Development.

Sheryl Story, Calvin D. Webb, Metairie, for Casualty Co., Tycer Ready Mix and Calvin Webb.

Before: FOIL, WHIPPLE and GUIDRY, JJ.

FOIL, Judge.

This appeal challenges the trial court's determination that plaintiff's tort suit against the state is barred by workers' compensation immunity. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts serving as the basis for the appeal are not disputed. On October 1, 1997, Brad Smith was working as an inspector for the Department of Transportation and Development (DOTD) near the intersection of U.S. Highway 51 and Louisiana Highway 1064...

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