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HERNANDEZ v. STATE, DOTD

Nos. 2002-CA-0162, 2002-CA-0163.

841 So.2d 808 (2002)

Vickie HERNANDEZ v. STATE of Louisiana, THROUGH the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT. Jude E. Bailey and Arthur Bailey v. State of Louisiana, Through the Department of Transportation and Development.

Court of Appeals of Louisiana, Fourth Circuit.

Order on Rehearing December 30, 2002.

Writ Denied April 25, 2003.

Attorney(s) appearing for the Case

Glenn E. Diaz, Carlos Zelaya, Chalmette, LA, for Plaintiff/Appellee, Vickie Hernandez.

Eric A. Bopp, Walter R. Woodruff, Arabi, LA, for Plaintiffs/Appellees, Jude and Arthur Bailey.

Anthony J. Angelette, Jr., Berrigan, Litchfield, Schonekas, Mann, Traina & Thompson, Metarie, for Defendant/Appellant, State of Louisiana, Through the Department of Transportation and Development.

Glenn E. Diaz, Carlos Zelaya, David C. Vidrine, Chalmette, Robert J. Klees, Of Counsel, Mereaux, for Plaintiff/Appellee, Vickie Hernandez on rehearing.

Eric A. Bopp, Walter R. Woodruff, Edward S. Bopp-Law Corporation, Arabi, for Plaintiffs/Appellees, Jude and Arthur Bailey on rehearing.

Richard P. Ieyoub, Attorney General, Anthony J. Angelette, Jr., E. John Litchfield, Special Assistant Attorney General, Metairie, Counsel for Defendant/Appellant, State of Louisiana, through the Department of Transportation and Development on rehearing.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge MAX N. TOBIAS, JR.).

STEVEN R. PLOTKIN, Judge.

This appeal raises the complex question of whether the defendant, State of Louisiana, through Department of Transportation and Development ("DOTD"), was deprived of a fair opportunity to present a decisive defense as a result of the legal procedures used by the plaintiff, Vickie Hernandez. DOTD appeals a trial court judgment awarding Ms. Hernandez $375,000 plus legal interest and costs, for damages arising from the death of her natural mother...

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