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WOOD v. STATE, EX REL. DEPT. OF WILDLIFE & FISHERIES

No. 43,457-CA.

989 So.2d 280 (2008)

Rhonda Lynette Mayaze WOOD, Individually & as the Survivor of her Late Father, Shelly Eugene Mayaze, & in her Capacity as the Representative of the Estate of Shelly Eugene Mayaze, Plaintiff-Appellant, v. STATE of Louisiana, through the DEPARTMENT OF WILDLIFE & FISHERIES, State of Louisiana through the Department of Transportation & Development, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

August 13, 2008.

Attorney(s) appearing for the Case

William P. Crews, Jr., for Plaintiff-Appellant.

John F. Frederickson, Assistant Attorney General, for Defendant-Appellee.

Before WILLIAMS, GASKINS and CARAWAY, JJ.

GASKINS, J.

This case involves the drowning death of the plaintiffs father in Loggy Bayou, allegedly due to unusual currents caused by the opening of the Lake Bistineau spillway gates. The plaintiff sued the Louisiana Department of Wildlife and Fisheries (DWF) and the Louisiana Department of Transportation and Development (DOTD), asserting breach of their duty to post warnings or close Loggy Bayou due to dangerous currents. The trial court granted the defendants'...

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