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BENOIT v. STATE EX REL. DOTD

No. 01-912.

805 So.2d 428 (2001)

Kimberly and Brian BENOIT v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, and Jimmy Thomas.

Court of Appeal of Louisiana, Third Circuit.

December 28, 2001.

Attorney(s) appearing for the Case

James D. Cain, Lundy & Davis, Lake Charles, LA, Counsel for Plaintiffs/Appellees: Kimberly and Brian Benoit.

Elizabeth Hollins, Attorney at Law, Louisiana Department of Justice, Division of Risk Litigation, Lake Charles, LA, Counsel for Defendant/Appellant: State of Louisiana, through the Department of Transportation and Development.

Thomas Solari, Woodley, Williams, Boudreau, Norman, Brown & Doyle, Lake Charles, LA, Counsel for Defendant/Appellant: Jimmy Thomas.

Court composed of HENRY L. YELVERTON, JOHN D. SAUNDERS and ELIZABETH A. PICKETT, Judges.

PICKETT, Judge.

FACTS

Jimmy Thomas was driving north on Common Street in Lake Charles on August 31, 1995, in a pick up truck that was hauling a utility trailer. The trailer was loaded with pieces of plywood from a building Thomas was dismantling. Near the intersection of Esplanade Street, the load became dislodged and flew out of the trailer. A sheet of plywood from the trailer struck the van driven by Kimberly Benoit, which was traveling south on Common...

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