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BABINEAUX v. DOTD

No. 2004 CA 2649.

927 So.2d 1121 (2005)

Vicki BABINEAUX and Norbert Babineaux v. STATE of Louisiana through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.

Attorney(s) appearing for the Case

Conrad S.P. Williams, III, Houma, Elwood C. Stevens, Jr., Morgan City, for Plaintiffs-Appellants, Vicki and Norbert Babineaux.

Charles C. Foti, Jr., Baton Rouge, Julius W. Grubbs, New Iberia, for Defendant-Appellee, State of Louisiana, Through the Department of Transportation and Development.

Before: CARTER, C.J., DOWNING, and GAIDRY, JJ.

CARTER, C. J.

This is an appeal from a trial court judgment sustaining a peremptory exception raising the objection of prescription. For the following reasons, we affirm.

BACKGROUND

The basic facts of this case are not in dispute. On September 7, 1999, Vicki Babineaux was involved in a single-vehicle accident while driving her pickup truck in the rain on Louisiana Highway 90 (Hwy. 90) near Houma, Louisiana. Mrs. Babineaux was traveling approximately...

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