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HARVEY v. STATE, DOTD

No. 2000-CA-1877.

799 So.2d 569 (2001)

Angela Harvey, Wife of/and Bruce HARVEY, Sr. Individually and as the Natural Tutrix and Tutor of Aundrenica Harvey, Alisha Harvey, Andrell Harvey, Ashley Harvey and on Behalf of the Estate of the Deceased, Bruce Harvey, Jr. v. STATE of Louisiana, the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 30, 2001.

Attorney(s) appearing for the Case

Eric M. Ferrouillet, Kevin J. Katner, Ferrouillet Law Firm, P.L.C., and Bernard J. Bagert, Jr., The Bagert Law Firm, P.L.C., New Orleans, LA, Counsel for the Plaintiffs/Appellees.

Richard P. Ieyoub, Attorney General, Raul R. Benomo, Helen H. Babin, Pamela L. Hershey, Special Assistants Attorney General, New Orleans, LA, Counsel for the Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES, III, Judge JAMES F. McKAY, III, and Judge DENNIS R. BAGNERIS, Sr.

BYRNES, Chief Judge.

The defendant, State of Louisiana, through the Department of Transportation and Development ("DOTD"), appeals a judgment in favor of the plaintiffs, Angela and Bruce Harvey, Sr., and their children, where the driver, Bruce Harvey, Sr., failed to negotiate a curve on the highway in a one-vehicle accident. We affirm.

At approximately 12:15 a.m., on August 19, 1991, Bruce Harvey, Sr. was driving a Subaru station wagon on La. Highway 47 with...

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