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MURPHREE v. DAIGLE

No. 2002 CA 1935.

857 So.2d 535 (2003)

Michael MURPHREE and Robin Corona v. Richard DAIGLE, State of Louisiana, Through the Department of Transportation and Development and Parish of Ascension.

Court of Appeal of Louisiana, First Circuit.

September 26, 2003.

Attorney(s) appearing for the Case

A.J. Rebennack, Stephen C. Juan, New Orleans, for Plaintiff-Appellee Tristem Murphree.

Richard Daigle, Prairieville, In Proper Person.

John H. Ayres, III, Assistant Attorney General, Baton Rouge, for Defendant-Appellant State of Louisiana, through the Department of Transportation and Development.

Before: PARRO and McDONALD, JJ., and IAN W. CLAIBORNE, J. Pro Tem.

PARRO, J.

The State of Louisiana, through the Department of Transportation and Development (DOTD) appeals a judgment finding it was 80% at fault for damages due to a motorcycle accident that occurred when a tree limb fell onto a state highway in the path of the bike, causing the driver, Michael Murphree, and his passenger, Robin Corona, to be thrown from the vehicle and to suffer personal injuries. For the following reasons, we reverse.

FACTUAL AND PROCEDURAL...

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