DUFRESNE, Judge.
This is an appeal by the Louisiana Department of Transportation and Development from a judgment holding it 10% at fault for an automobile accident which resulted in damages of over five million dollars to Rena Niven, plaintiff. Plaintiff for her part has cross-appealed urging that the DOTD should be cast for a greater percentage of fault. For the following reasons we reverse the judgment against DOTD and dismiss the suit.
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