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GAUTHIER v. CITY OF NEW IBERIA

No. 06-341.

940 So.2d 915 (2006)

Carol GAUTHIER, et al. v. CITY OF NEW IBERIA, et al.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Attorney(s) appearing for the Case

John Jefcoat, Galloway & Jefcoat, L.L.P., Lafayette, LA, for Plaintiffs/Appellants, Carol Gauthier, Donald Gauthier.

Steven J. Bienvenu, Dauzat, Falgoust, Caviness, and Bienvenu, L.L.P., Opelousas, LA, for Defendant/Appellee, City of New Iberia.

Ted D. Hernandez, Assistant Attorney General, Louisiana Dept. of Justice Risk Litigation Division, Lafayette, LA, for Defendant/Appellee, State of LA, Through The DOTD.

Court composed of SYLVIA R. COOKS, MICHAEL G. SULLIVAN, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

In this case, the plaintiffs, Carol and Donald Gauthier, appeal the judgment of the trial court granting an involuntary dismissal in favor of the defendants, the City of New Iberia and the State of Louisiana, through the Department of Transportation and Development. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Gauthiers filed suit against New Iberia in November 1998, claiming that on November 13,...

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