ADAY v. STATE EX REL. DEPT. OF TRANSPORT.

No. 2006-1181.

950 So.2d 928 (2007)

Brandy ADAY v. STATE of Louisiana, THROUGH the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 21, 2007.


Attorney(s) appearing for the Case

L. Paul Foreman, Raggio, Cappel, Chozen & Berniard, Lake Charles, Louisiana, for Defendant/Appellant, State of Louisiana, through the Department of Transportation and Development.

W. Jay Luneau, Luneau Law Office, Alexandria, Louisiana, for Plaintiff/Appellee, Brandy Aday.

Court composed of JOHN D. SAUNDERS, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.


SULLIVAN, Judge.

The Department of Transportation and Development appeals the grant of summary judgment on the issue of liability in favor of Brandy Aday. For the following reasons, we affirm.

Facts

On October 20, 2002, Brandy Aday was driving in a westerly direction on Highway 8 in Vernon Parish when the passenger-side tires of her vehicle crossed over the fog line onto the shoulder of the highway. She testified that she slowed her speed...

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