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DUPONT v. STATE, DOTD

No. 01-0188.

797 So.2d 776 (2001)

Paul DUPONT v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2001.

Attorney(s) appearing for the Case

J. Rock Palermo, Donald McKnight, A Professional Law Corporation, Lake Charles, LA, Counsel for Plaintiff/Appellee Paul Dupont.

Julius W. Grubbs, Jr., Haik, Minvielle & Grubbs, New Iberia, LA, Counsel for Defendant/Appellant State of Louisiana, Department of Transportation & Development.

Court composed of JIMMIE C. PETERS, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

GREMILLION, Judge.

In this case, we are asked to review the trial court's pre-trial finding that La.R.S. 13:5105 does not entitle the State of Louisiana to a jury trial when the plaintiff's claim arises under La.Code Civ.P. art 1732. For the following reasons, we deny the State's writ.

BACKGROUND

In January 2000, the plaintiff, Paul Dupont, filed a petition for damages against the State of Louisiana, through the Department of Transportation and Development...

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