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SPIKER v. CITY OF BATON ROUGE

No. 2000 CA 1841.

804 So.2d 659 (2001)

William Richard SPIKER, Jr. and Brenda Stich Spiker, Each Individually and as Members of the Community of Acquets and Gains Existing between Them, and William Richard Spiker, Jr. as Administrator of the Estates of the Minor Children, Sean Michael Spiker and Brandi Nicole Spiker, et al. v. CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE and the State of Louisiana, Through the Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 2002.

Attorney(s) appearing for the Case

Robert H. Schmolke, Steven P. Lemoine, D. Adele Owen, Baton Rouge, for Plaintiffs/Appellees and 2nd Appellants, William Richard Spiker, Jr., et al.

J. Bradley Overton, Baton Rouge, for Defendant/1st Appellant, State of Louisiana Through DOTD.

Randall J. Cashio, Baton Rouge, for Defendant/Appellee, City of Baton Rouge/Parish of East Baton Rouge.

Before: CARTER, C.J., PARRO, and CLAIBORNE, JJ.

CARTER, C.J.

The State of Louisiana, Department of Transportation and Development (DOTD), appeals a trial court judgment finding it liable for damages sustained by certain homeowners during two separate floods. The homeowners also appeal using the alternative argument that in the event this court determines DOTD is not 100% at fault, then liability should be assessed to the City of Baton Rouge Parish of East Baton Rouge (City-Parish).

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