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CARTER v. STATE EX REL. DOTD

No. 2003-CA-0634.

871 So.2d 450 (2004)

Rosco CARTER, Individually and on Behalf of his Minor Child, Mandy Carter v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fourth Circuit.

March 24, 2004.

Attorney(s) appearing for the Case

Daniel L. Dysart, Dysart and Tabary, L.L.P., Chalmette, LA, for Third Party Defendant/Appellee, Bellsouth Telecommunications, Inc.

Gregory G. D'Angelo, WM. David Coffey, Special Assistants Attorney General, Panzeca & D'Angelo, Metairie, LA, for Defendant/Appellant, State of Louisiana, Through the Department of Transportation and Development.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., Judge LEON A. CANNIZZARO, JR.).

LEON A. CANNIZZARO, JR., Judge.

This appeal arises out of a third party demand filed by the defendant, the State of Louisiana, through the Department of Transportation and Development (the "DOTD") against Bellsouth Communications, Inc. Bellsouth filed a motion for summary judgment, claiming that it was not liable for any of the damages in this case, and the trial court granted the motion and dismissed Bellsouth from the proceedings. The DOTD is appealing the trial...

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