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EBANKS v. STATE, DOTD

No. 2013-CA-0133.

126 So.3d 561 (2013)

Denise EBANKS, v. The STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fourth Circuit.

October 2, 2013.

Attorney(s) appearing for the Case

J. Mac Morgan , Law Office of Mac Morgan, Robert C. Jenkins, Jr. , Robert C. Jenkins & Associates, New Orleans, LA, Julian R. Murray, Jr. , Chehardy Sherman Ellis Breslin Murray Recile Griffith Stakelum & Hayes, Metairie, LA, for Plaintiff/Appellant.

James D. "Buddy" Caldwell , Attorney General, John Emory Sudderth , Assistant Attorney General, Thomas Brahney , Assistant Attorney General, Louisiana Department of Justice, Litigation Division, New Orleans, LA, for Defendant/Appellee.

Court composed of Judge MAX N. TOBIAS, JR., Judge MADELEINE M. LANDRIEU, Judge JOY COSSICH LOBRANO.

JOY COSSICH LOBRANO, Judge.

Plaintiff, Denise Ebanks, appeals the November 26, 2012 trial court judgment denying her motion for partial summary judgment, granting summary judgment in favor of the defendant, State of Louisiana, Department of Transportation and Development ("DOTD"), and dismissing plaintiff's claims against DOTD with prejudice.

On April 28, 2011, the plaintiff's husband, John Ebanks, was a passenger in a pickup truck, which was being driven...

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