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CASKEY v. MERRICK CONSTR. CO., INC.

No. 41,662-CA.

949 So.2d 560 (2007)

Robert CASKEY and Kathy Caskey, Plaintiffs-Appellants v. MERRICK CONSTRUCTION CO., INC. and the State of Louisiana, Through the Department of Transportation and Development, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 22, 2007.

Attorney(s) appearing for the Case

Johnson & Placke, by Allan L. Placke, West Monroe, for Appellants Robert Caskey and Kathy Caskey.

Bussey & Lauve, by Robert L. Bussey, Lewis O. Lauve, Jr., Alexandria, for Appellee State of Louisiana, DOTD.

Theus, Grisham, Davis & Leigh, by Phillip D. Myers, Brad A. Thompson, Monroe, for Appellee Merrick Construction Co., Inc.

Before STEWART, GASKINS and LOLLEY, JJ.

STEWART, J.

Robert and Kathy Caskey appeal the trial court's grant of summary judgment in favor of the Louisiana Department of Transportation and Development (DOTD) and Merrick Construction in this personal injury action. For the reasons that follow, we affirm the trial court.

FACTS

Robert Caskey was injured when his vehicle struck an oak tree that had fallen across LA Highway 4 West in the early morning hours of July 1, 2004. The oak tree was located...

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