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BURMASTER v. PLAQUEMINES PARISH GOVERNMENT

No. 2007-CA-2432.

982 So.2d 795 (2008)

Melvin J. BURMASTER v. PLAQUEMINES PARISH GOVERNMENT.

Supreme Court of Louisiana.

May 21, 2008.

Attorney(s) appearing for the Case

W. Eric Lundin, III, Parish Attorney, Michael Lawrence Mullin, Assistant Parish Attorney, for appellant.

Corona & Bonura, Mark Morovich Bonura, Metairie, Elizabeth Welsh Defley, Gelpi & Associates, Melvin Joseph Burmaster, New Orleans, for appellee.

James D. Caldwell, Tallulah, and Kathleen Megan Terrell, for amicus curiae, State of Louisiana

CALOGERO, Chief Justice.

This case involves the direct appeal of a district court judgment that declared unconstitutional as applied to plaintiff's individual and class actions, La. Act 545 of 2006, incorporated into the Louisiana Revised Statutes as 9:2800(H), which provides, in pertinent part, as follows:

(1) Notwithstanding any provision of law to the contrary, except for gross negligence or willful and wanton...

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