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MARTELLO v. CIRCLE K STORES, INC.

No. 2004 CA 0139.

906 So.2d 547 (2005)

Mark MARTELLO and Carol Martello v. CIRCLE K STORES, INC., State of Louisiana, Department of Transportation and Development, City of Baton Rouge, Parish of East Baton Rouge and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 29, 2005.

Attorney(s) appearing for the Case

Cleo Fields, Baton Rouge, for Plaintiff/Appellee, Mark Martello and Carol Martello.

Maynard K. Batiste, Sr., Baton Rouge, for Defendant/Appellant, State of Louisiana, Department of Transportation and Development.

Randy B. Ligh, Baton Rouge, for Defendant/Appellee, City of Baton Rouge, Parish of East Baton Rouge.

Before: CARTER, C.J., PETTIGREW, and MCDONALD, JJ.

CARTER, C.J.

The sole issue presented by this appeal is whether the State of Louisiana, through the Department of Transportation and Development (DOTD), was improperly denied a jury trial.

FACTS

Mark Martello was injured in the course and scope of his employment with the Baton Rouge City Police Department when the motorcycle he was driving hit a pothole and he was thrown to the ground. Martello and his wife filed suit against Circle K

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