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BARTHEL v. STATE, DEPT. OF TRANSP. AND DEV.

No. 2004 CA 1619.

917 So.2d 15 (2005)

Brenna M. BARTHEL, Individually, on Behalf of Her Minor Child Paula R. Lagarde and on Behalf of Her Deceased Child Aimee Celeste Lagarde v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

June 10, 2005.

Attorney(s) appearing for the Case

Douglas H. Greenburg, Houma, Counsel for Plaintiff/Appellee Brenna Barthel.

Charles C. Foti, Jr., Attorney General, William S. Culver, Jr., New Orleans, Counsel for Defendant/Appellant State of Louisiana, DOTD.

Philip J. McMahon, Houma, Counsel for Defendant/Appellee Shannon Franks, U.T.S. & Wausau.

Before: WHIPPLE, DOWNING and HUGHES, JJ.

DOWNING, J.

Two primary questions are raised by this appeal. The first is whether a malfunctioning traffic signal light was a cause-in-fact of an automobile fatality in Houma, La. The second is whether the State of Louisiana, Department of Transportation and Development (DOTD), received constructive notice of the dangerous condition caused by the malfunctioning light. For the following reasons we affirm the trial court judgment assessing the DOTD with twenty-five...

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