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WARD v. STATE, DOTD (OFFICE OF HIGHWAYS)

No. 43,948-CA.

2 So.3d 1231 (2009)

Patricia WARD and Eddie G. Ward, Sr., Plaintiffs-Appellants v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (OFFICE OF HIGHWAYS), Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 28, 2009.

Attorney(s) appearing for the Case

Robert R. Faucheaux, Jr., for Plaintiffs-Appellants.

James D. "Buddy" Caldwell, Attorney General, Gregory S. Barkley, Assistant Attorney General, for Defendant-Appellee.

Before WILLIAMS, GASKINS and DREW, JJ.

GASKINS, J.

In this suit against the Louisiana Department of Transportation and Development (DOTD), the plaintiffs claim they were injured in a two-vehicle accident caused by the other driver losing control of his vehicle, allegedly due to ruts in a roadway maintained by DOTD. They appeal from a trial court judgment sustaining the exception of no cause of action filed by DOTD and dismissing their suit. We reverse and remand...

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