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FARRAR v. CERTIFIED COATINGS OF CALIFORNIA

No. 10-CA-421.

68 So.3d 5 (2011)

Desiree FARRAR (on behalf of her minor children, Emilia and Dora) v. CERTIFIED COATINGS OF CALIFORNIA, INC.; Fred R. Cagle (individual/representative capacity); Scott Soldis (individual/representative capacity); John P. Wright (individual/representative capacity); Dan Martin (individually/representative capacity); State of Louisiana Department of Transportation and Development; Greg Carter (individual/representative capacity); Harness Manufacturer (unknown); (unknown) Liability Insurer of Defendant Certified Coatings; (unknown) Liability Insurer of (unknown) Defendant Harness Manufacturer.

Court of Appeal of Louisiana, Fifth Circuit.

April 26, 2011.

Attorney(s) appearing for the Case

Stephen M. Smith , Attorney at Law, New Orleans, LA, Elton Heron , Attorney at Law, Geismar, LA, for Plaintiff/Appellant.

Frank A. Piccolo , Joseph E. Lee III , Preis & Roy, Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

James D. "Buddy" Caldwell , Attorney General, Lance S. Guest , Assistant Attorney General, Department of Justice—Litigation Division, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, Judge.

This is an appeal by plaintiff from the trial court's granting of defendants' exception of improper service and denial of plaintiff's motion to set aside order of dismissal based on abandonment. For the reasons which follow, we affirm the trial court's judgment.

STATEMENT OF THE CASE

On April 16, 2004, Lester Irula died when he fell from the Crescent City Connection...

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