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WOODBURY v. DEPT. OF TRANSP. AND DEVELOPMENT

Nos. 03-CA-13, 03-CA-14.

848 So.2d 104 (2003)

Maria WOODBURY, Silvia Moriel, Liliana Jackson, Lucrecia Hernandez, Magda Beckman, Julia Pullin, Carlos Villaverde, and Marta Rodriguez, v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT. Value Rent-A-Car, Inc., v. Carlos Villaverde, et al.

Court of Appeal of Louisiana, Fifth Circuit.

May 28, 2003.

Attorney(s) appearing for the Case

Frank J. D'Amico, Darla D'Amico, Frank D'Amico, APLC, New Orleans, LA, for Maria Woodbury, Silvia Moriel, Liliana Jackson, Lucrecia Hernandez, Magda Beckman, Julia Pullin, And Martha Rodriquez, plaintiffs/second appellants.

Michael R. Guidry, New Orleans, LA, for Carlos Villaverde, plaintiff/second appellant.

Richard P. Ieyoub, Attorney General, Gary A. Cotogno, Special Assistant Attorney General, Pickering & Cotogno, New Orleans, LA, for Louisiana Department of Transportation and Development, defendant/appellant.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

Following a lengthy bench trial in this single vehicle accident case, the trial court rendered judgment in favor of plaintiffs and against the Louisiana Department of Transportation and Development ("DOTD"). Both plaintiffs and DOTD have appealed from this judgment. For the reasons stated more fully herein, we affirm.

Facts and Procedural History

On the afternoon of June 16, 1991, Carlos Villaverde was driving...

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