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McREYNOLDS v. STATE EX REL. DOTD

No. 99-CA-2905.

765 So.2d 447 (2000)

Lisa McReynolds, Wife of/and Douglas McREYNOLDS v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied October 6, 2000.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Rodney A. Ramsey, Assistant Attorney General, Louisiana Department of Justice, New Orleans, LA, Counsel for Plaintiff/Appellant.

Ronald P. Thibodeaux, Duplechin & Associates L.L.C., Gretna, LA, Counsel for Defendant/Appellee.

(Court composed of Judge MIRIAM G. WALTZER, Judge DENNIS R. BAGNERIS, Sr., and Judge PHILIP C. CIACCIO, Pro Tem.)

BAGNERIS, Judge.

FACTS AND PROCEDURAL HISTORY

On June 10, 1993, Douglas McReynolds ("Mr. McReynolds") was operating a 1993 Ford F-700 two-ton flatbed truck owned by his employer, Western Wireline ("Western") in a southerly direction on Highway 23 in Plaquemines Parish. When his vehicle reached the area of mile pole marker 21, near the City of Empire, Mr. McReynolds' truck entered a part of the highway, approximately 30 feet long, which was

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