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

No. 12-1389.

112 So.3d 991 (2013)

Jerry RAMOS v. STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Third Circuit.

April 3, 2013.

Attorney(s) appearing for the Case

Robert Lawrence Beck, Jr. , Law Offices of Robert L. Beck, Jr., L.L.C., Alexandria, LA, for Plaintiff/Appellant, Jerry Ramos.

Ronald J. Fiorenza , Provosty, Sadler, DeLaunay, Fiorenza & Sobel, Laurel Irene White , Assistant Attorney General, Alexandria, LA, for Defendant/Appellee, State of Louisiana, Through the Department of Transportation and Development.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and J. DAVID PAINTER, Judges.

THIBODEAUX, Chief Judge.

Plaintiff, Jerry Ramos, filed this suit against the State of Louisiana, through the Department of Transportation and Development (DOTD) after he fell from a rope swing into a creek located on a right-of-way owned by the DOTD, and was rendered a quadriplegic. He sued the DOTD under theories of negligence and strict liability. The DOTD filed a Motion for Summary Judgment on the basis of a lack of duty which the trial court granted. Mr. Ramos...

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