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SCOTT v. RED RIVER WATERWAY COMMISSION

No. 41,009-CA.

926 So.2d 830 (2006)

Eddie T. SCOTT and Karen P. Scott, Plaintiff-Appellee, v. RED RIVER WATERWAY COMMISSION and The City of Bossier City, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 12, 2006.

Attorney(s) appearing for the Case

Lemle & Kelleher, L.L.P. by Robert W. Kyle, Leland G. Horton, Shreveport, James D. Hall, Bossier City, for The City of Bossier City.

Cook, Yancey, King & Galloway by Kenneth Mascagni, Shreveport, for The City of Bossier City and Nationwide Mutual Insurance Co.

Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P. by Gary J. Rouse, Ron Riggle, Jason A. Cavignac, J. Scott Loeb, New Orleans, for Continental Casualty Company.

Sam N. Gregorio, Shreveport, A.J. Gregory, Jr., for Eddie T. Scott & Karen P. Scott.

Preston and Covan, L.L.P. by Scott P. Yount, Randall C. Mulcahy, New Orleans, for Service Construction & Supply and Colony Insurance Company.

The Smitherman Law Firm, L.L.C. by Donald Lee Brice, Jr., W. James Hill, III, Shreveport, for Demopulos & Ferguson, Inc.

Henry H. LeBas, Barry J. Rozas, Mamou, for Zurich American Insurance Co.

Before BROWN, C.J., and CARAWAY and LOLLEY, JJ.

CARAWAY, J.

The City of Bossier City ("the City") filed a third party demand against the bonding company for a defaulted roadway contractor in a personal injury action filed against the City as the result of a vehicular accident occurring on the roadway. The City contended that in securing the roadway's completion after the default, the bonding company stepped into the shoes of the original contractor and exposed itself...

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