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WALKER v. STATE, DEPT. OF TRANSP. AND DEV.

No. 42,913-CW.

976 So.2d 806 (2008)

Nathaniel WALKER, Plaintiff-Respondent v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

February 13, 2008.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, for Defendant-Applicant, State of LA, DOTD.

Mary L. Doggett, Lewis O. Lauve, Jr., Assistant Attorneys General, Robert L. Salim, Natchitoches, for Plaintiff-Respondent, Nathaniel Walker.

Brittain & Sylvester, by Lala B. Sylvester, Natchitoches, for Plaintiff-Respondent. Allstate Ins. Co.

Before STEWART, GASKINS and LOLLEY, JJ.

STEWART, J.

The State of Louisiana, through the Department of Transportation and Development ("DOTD") appeals the trial court's denial of its motion for summary judgment against Nathaniel Walker. For the reasons that follow, we reverse the trial court's decision.

FACTS

Nathaniel Walker was a passenger in a vehicle being driven by Dannie Evans on June 16, 2000. As the vehicle was traveling on Louisiana Highway 71 in Winn Parish, a large oak tree fell...

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