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DUMAS v. STATE

No. 35,492-CW.

804 So.2d 813 (2001)

Marylin R. DUMAS, Leroy Dumas, Russell Dumas & Gloria Dumas, Plaintiffs-Respondents, v. STATE of Louisiana, Through The DEPARTMENT OF CULTURE, RECREATION & TOURISM and The Department of Transportation & Development, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 17, 2002.

Attorney(s) appearing for the Case

Richard A. Bailly, Baton Rouge, Victoria Reed Murry, Assistant Attorney Generals, Counsel for Applicants.

Dimos, Brown, Erskine & Burkett by Donald R. Brown, Alexandria, Counsel for Respondents.

Before NORRIS, BROWN and CARAWAY, JJ.

BROWN, J.

This is a wrongful death case against the State of Louisiana as a result of an accident allegedly due to a defective road. The trial court struck the state's amended answer asserting medical malpractice as the cause of the death and seeking an apportionment of fault and damages against the medical provider. We granted the state's writ application to review the effect of the 1996 amendments concerning comparative fault on the jurisprudential rule that the...

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