McGASKEY v. NATIONAL AUTOMOTIVE INS. CO.

No. 08-511.

998 So.2d 788 (2008)

Cecelie McGASKEY, et vir. v. NATIONAL AUTOMOTIVE INSURANCE CO., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 28, 2009.


Attorney(s) appearing for the Case

George A. Flournoy, Flournoy & Doggett (APLC), Alexandria, Louisiana, for Plaintiffs/Appellants, Cecelie McGaskey and Elijah McGaskey.

Ronald J. Fiorenza, Andrew E. Schaffer, Special Assistants Attorney General, Provosty, Sadler, deLaunay, Fiorenza & Sobel, A.C., Alexandria, Louisiana, for Defendant/Appellee, State of Louisiana, Department of Transportation and Development.

Court composed of JOHN D. SAUNDERS, JAMES T. GENOVESE, and CHRIS J. ROY, SR., Judges.


GENOVESE, Judge.

This is a personal injury bifurcated case arising out of a four-vehicle, icy bridge automobile accident. Plaintiffs appeal the finding of the jury and the trial court that the State of Louisiana, Department of Transportation and Development (DOTD), had no constructive notice of the icy conditions on the bridge upon which the accident occurred, and thus was not liable. In the bifurcated loss of consortium claim, the trial court reached the same conclusion...

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