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RIZZUTO v. STATE

No. 2002-CA-1687.

870 So.2d 1034 (2004)

Joseph RIZZUTO and Neal Sartalamacchia v. The STATE of Louisiana Through the Louisiana Department of Transportation and Development.

Court of Appeal of Louisiana, Fourth Circuit.

March 17, 2004.

Attorney(s) appearing for the Case

Frank D. Ippolito, Law Offices of Frank D. Ippolito, Chalmette, LA, for Plaintiff/Appellee.

Caleb H. Didriksen, III, Diane R. Cosenza, the Didriksen Law Firm, New Orleans, LA, and Anthony J. Angelette, Jr., Special Assistant Attorney General Berrigan, Litchfield, Schonekas, Mann, Traina & Thompson, L.L.C., Metairie, LA, and E. John Litchfield Special Assistant Attorney General, Berrigan, Litchfield, Schonekas, Mann, Traina & Thompson, LLC, New Orleans, LA, and Richard P. Ieyoub, Attorney General, Gregory G. D'Angelo, Special Assistant Attorney General, William David Coffey, Special Assistant Attorney General, Panzeca & D'Angelo, L.L.C., Metairie, LA, for Defendant/Appellant.

(Court composed of Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO JR.).

EDWIN A. LOMBARD, Judge.

This case involves a single vehicle accident in which the driver, Joseph Rizzuto, and his passenger, Neal Sartalamacchia, were injured. Rizzuto and Sartalamacchia filed suit on May 5, 1999, against only one defendant, the State of Louisiana, through the Department of Transportation and Development ("DOTD"), alleging that the accident was caused by the unreasonably dangerous roadway and shoulder of East Louisiana Highway 46.

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