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ESTAIN EX REL. LAVOICE v. U.S. DOTD

No. 2001 CA 0554.

819 So.2d 375 (2002)

Rebecca F. ESTAIN, on Her Own Behalf and as Tutrix for Toni LAVOICE, Revia Lenora, and Roody Joshua Estain v. UNITED STATES, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, State of Louisiana, ABC Agency and DEF Agency.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 1, 2002.

Attorney(s) appearing for the Case

Gregory S. Duhy, Chalmette, Counsel for Plaintiffs/Appellants Rebecca F. Estain, Toni Lavoice, Revia Lenora & Roody Joshua Estain.

G.A. Manthey, Jr., New Orleans, Counsel for Defendant/Appellee Louisiana Department of Transportation and Development.

Before: WHIPPLE, FOGG, and GUIDRY, JJ.

GUIDRY, J.

A widow, who filed suit individually and as tutrix of her minor children, appeals the trial court's granting of summary judgment in favor of the State of Louisiana, through the Department of Transportation and Development (DOTD). For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

This matter comes before us on a motion for summary judgment in which no evidence was introduced. Hence, the record before us, in...

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