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CROTWELL v. BLYTHE

Nos. 99 CA 1754, 99 CA 1755.

769 So.2d 1227 (2000)

William CROTWELL v. Erica M. BLYTHE, State of Louisiana Through the Department of Transportation and Development and the City of Baton Rouge, Parish of East Baton Rouge, Mary E. Agnew and Tina and Tao, Inc. Jennifer Bruhl v. Erica M. Blythe, State of Louisiana Through the Department of Transportation and Development and the City of Baton Rouge, Parish of East Baton Rouge, Mary E. Agnew and Tina and Tao, Inc.

Court of Appeal of Louisiana, First Circuit.

September 22, 2000.

Attorney(s) appearing for the Case

James R. Clary, Jr., Baton Rouge, for Plaintiffs—Appellants William Crotwell and Jennifer Bruhl.

John B. Lambremont, Sr., Baton Rouge, for Defendant—Appellee Tina and Tao, Inc.

James J. Zito, Baton Rouge, for Defendant —Appellee City of Baton Rouge, Parish of East Baton Rouge.

J. Jerry McKernan, Baton Rouge, for Defendant—Appellee Erica M. Blythe.

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

Before: WHIPPLE and FOGG, JJ., and BECNEL, J. Pro Tem.

FOGG, J.

In this tort action, plaintiffs, William Crotwell and Jennifer Bruhl, appeal the trial court's granting of summary judgment in favor of defendant, Tina and Tao, Inc. For the following reasons, we reverse and remand.

On October 5, 1997, at approximately 12:01 a.m., Crotwell and Bruhl were guest passengers in a car operated by Erica M. Blythe traveling southbound on Old Perkins Road in Baton Rouge, Louisiana. At the same time, Harold Griffin was operating...

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