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BROOKS v. STATE EX REL. DEPT. OF TRANSP.

No. 2010-C-1908.

74 So.3d 187 (2011)

Lola BROOKS, Bridgette Gosnay, and Jesse Brooks, Jr. v. The STATE of Louisiana through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Supreme Court of Louisiana.

Rehearing Denied September 16, 2011.

Attorney(s) appearing for the Case

John Henderson Ayres, III , Baton Rouge, LA, for Applicant.

Alton Tracy Moran , Musa Rahman , Baton Rouge, LA, for Respondent.

VICTORY, J.

We granted a writ in this wrongful death case to determine the scope of duty of the Louisiana Department of Transportation and Development ("DOTD") to maintain the shoulder of a state highway. The specific issue is whether DOTD's duty to maintain the shoulder encompasses the risk that a driver of a backhoe not authorized for highway use will drive on the shoulder and attempt a sharp turn into a driveway at a relatively high rate of speed, hit a 2-4 inch...

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