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MARCELL v. TOYOTA MOTOR NORTH AMERICA, INC.

No. 11-1072.

84 So.3d 757 (2012)

Norma MARCELL v. TOYOTA MOTOR NORTH AMERICA, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

February 1, 2012.

Attorney(s) appearing for the Case

David M. Thorguson , Lippman, Mahfouz, Tranchina & Thorguson, L.L.C., Morgan City, LA, for Plaintiff/Appellant, Norma Marcell.

Julius W. Grubbs, Jr. , Haik, Minvielle & Grubbs, LLP, New Iberia, LA, for Plaintiff/Appellee, State of Louisiana, through the Department of Transportation and Development.

Mark N. Bodin , McGlinchey Stafford, PLLC, New Orleans, LA, for Defendants, Toyota North America, Inc., Toyota Motor Sales USA, Inc.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

Plaintiff appeals from a judgment granting an exception of insufficiency of citation and service of process filed by Defendant, State of Louisiana, through the Department of Transportation and Development (the DOTD). For the following reasons, we affirm in part, reverse in part, and remand with instructions.

FACTS AND PROCEDURAL HISTORY

On April 17, 2009, Timothy Hill was ejected from his 2008 Toyota Tundra pick-up truck in a single...

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