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GARCIA v. LOUISIANA DOTD

No. 2000-CA-0930.

787 So.2d 1142 (2001)

Dora Ramos GARCIA and Virginia Garcia Varela, Individually and on Behalf of Artemio Garcia v. The LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Liberty Mutual Insurance Company, Donald Solomon, Precision Brake & Clutch Inc., Heavy Duty Parts and Equipment, Inc., The City of New Orleans, and Boh Brothers Construction Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

May 16, 2001.

Attorney(s) appearing for the Case

Walter Landry Smith, Baton Rouge, Paul L. Katz, Covington, J. Wayne Gillette, New Orleans, Charles A. Verderame, Metairie, Counsel for Plaintiff/Appellee.

Richard P. Ieyoub, Attorney General, Michael L. Penn, Assistant Attorney General, William S. Culver, Jr., Assistant Attorney General, Louisiana Department of Justice, Litigation Division, New Orleans, Counsel for Defendant/Appellant.

Court composed of Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE.

LOVE, Judge.

Defendants-appellants, Louisiana Department of Transportation and Development ("DOTD"), appeal a trial court judgment in which the trial court judge, after a bench trial, found in favor of plaintiffs-appellees, Ms. Dora Ramos Garcia and Ms. Virginia Garcia Varela. The trial court found that there was a pooling of water on the roadway at the time of the vehicular accident, which caused the death of Mr. Artemio Garcia ("Mr. Garcia"). This pooling of water...

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