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FLORES v. ALCO BUILDERS, INC.

No. 08-606.

996 So.2d 1285 (2008)

Juan FLORES, et al. v. ALCO BUILDERS, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2008.

Attorney(s) appearing for the Case

Geoffrey Clement, Lawrence J. Duplass, Duplass, Zwain, Bourgeois & Morton, Metairie, LA, for Defendants/Appellees, Interstate Fire & Casualty Insurance Company, Winfred Istre, Alco Builders, Inc.

Roger G. Burgess, Erin McCall Alley, Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, LA, for Plaintiffs/Appellants, Rosie Flores, Juan Flores.

Carol S. Hunter, Assistant Attorney General, Lafayette, LA, for Defendant/Appellee, State of Louisiana, through the Department of Transportation and Development.

Paul A. Holmes, Louisiana Municipal Association, Baton Rouge, LA, for Defendant/Appellee, City of Rayne.

F. Douglas Wimberly, Cloyd, Wimberly & Villemarette, LLC, Lafayette, LA, for Defendant/Appellee, Acadia Parish Police Jury.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR and MARC T. AMY, Judges.

AMY, Judge.

An eighteen-year old pedestrian was struck by a truck and killed on Interstate 10. Plaintiffs, in their individual capacities and as surviving parents of their son, brought suit against the Louisiana Department of Transportation and Development, among other defendants. The plaintiffs alleged that DOTD's failure to maintain the lighting system at the interchange contributed to the accident. DOTD filed a motion for summary judgment, arguing that DOTD was...

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