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WATTERS v. STATE, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT

No. 33,870-CA.

768 So.2d 733 (2000)

Ronald WATTERS, et al., Plaintiffs-Appellees, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant, Morehouse General Hospital Employee Benefit Plan, Intervenor/Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 27, 2000.

Attorney(s) appearing for the Case

L. Douglas Lawrence, E. Ross Downs, Jr., Bastrop, Counsel for Intervenor/Appellant.

Edward E. Rundell, Alexandria, Charles Roger Moore, Baton Rouge, Counsel for Appellees.

Before WILLIAMS, GASKINS and KOSTELKA, JJ.

GASKINS, J.

The intervenor, Morehouse General Hospital Employee Benefit Plan (Plan), appeals from a trial court decision granting summary judgment in favor of the plaintiffs, Ronald Watters, his wife Carolyn and their daughter Caroline, and dismissing the Plan's claim of subrogation for medical expenses for Caroline following a serious auto accident. For the following reasons, we affirm.

FACTS

On November 24, 1993, around 8:00 p.m., Caroline Watters...

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