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RAMOS v. STATE, EX REL. DEPT. OF TRANSPORT.

No. 2007-851.

977 So.2d 1066 (2008)

Jerry RAMOS v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 16, 2008.

Attorney(s) appearing for the Case

Robert L. Beck, Jr., Rivers, Beck, Dalrymple & Ledet, Alexandria, LA, for Plaintiff/Appellant, Jerry Ramos.

Laurel I. White, Assistant Attorney General, Alexandria, LA, for Defendant/Appellee, State of Louisiana, Through the Department of Transportation and Development.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

The plaintiff was seriously injured after falling from a rope swing into a creek allegedly located on a right-of-way of the State of Louisiana, Department of Transportation and Development. After other defendants were dismissed, DOTD filed a motion for summary judgment, arguing that it was entitled to recreational use immunity under La.R.S. 9:2791 and La. R.S. 9:2795 and that the plaintiff could not establish...

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