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WILDE v. HARRELL

No. 05-CA-644.

930 So.2d 1095 (2006)

Raymond Julius WILDE, Jr. and Lynn Marie Bercegeay Wilde, each Individually and as Members of Community of Acquets and Gains Existing Between Them v. Thomas R. HARRELL, ACME Truck Line, Inc., Zurich American Insurance Company and Progressive Security Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

May 9, 2006.

Attorney(s) appearing for the Case

Steven P. Lemoine, Robert H. Schmolke, Baton Rouge, Louisiana, for Plaintiff/Appellant.

Jason A. Bonaventure, Shelly D. Dick, Amanda G. Clark, Baton Rouge, Louisiana, for Defendant/Appellee.

Panel composed of Judges JAMES L. CANNELLA, SUSAN M. CHEHARDY, CLARENCE E. McMANUS, WALTER J. ROTHSCHILD and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

In this personal injury case, plaintiffs appeal the grant of a summary judgment filed by defendant, State of Louisiana through the Department of Public Safety. For the following reasons, we reverse.

The underlying action was filed by plaintiffs, Raymond and Lynn Wilde, as the result of an automobile accident. The petition alleges that, at about 11:40 p.m. on May 12, 2001, Raymond Wilde was driving a car westbound on Interstate...

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