WHITE v. DEPARTMENT OF TRANSPORTATION

17-629.

258 So.3d 11 (2017)

Gerald Rodney WHITE and Charlotte White v. LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, et al.

Court of Appeal of Louisiana, Third Circuit.

December 6, 2017.


Attorney(s) appearing for the Case

Fred Andrew Pharis , Pharis & Pharis, 831 DeSoto Street, Alexandria, LA 71301, Telephone: (318) 445-8266, COUNSEL FOR: Plaintiffs/Appellees — Gerald Rodney White and Charlotte White.

Jerold Edward Knoll , The Knoll Law Firm, P.O. Box 426, Marksville, LA 71351, Telephone: (318) 253-6200, COUNSEL FOR: Plaintiffs/Appellees — Gerald Rodney White and Charlotte White.

Mickey Stephens deLaup , Mickey S. deLaup, APLC, 2701 Metairie Road, Metairie, LA 70001, Telephone: (504) 828-2277, COUNSEL FOR: Defendant/Appellee — Safeco Insurance Co. of Oregon.

Victoria R. Murry , Assistant Attorney General, Shane D. Williams , Assistant Attorney General, Louisiana Department of Justice, P.O. Box 1710, Alexandria, LA 71309-1710, Telephone: (318) 487-5944, COUNSEL FOR: Defendant/Appellant — Louisiana Department of Transportation & Development.

Madeline J. Lee , Bolen, Parker, & Brenner, Lee & Engelsman, Ltd., P.O. Box 11590, Alexandria, LA 71315-1590, Telephone: (318) 445-8236, COUNSEL FOR: Defendants/Appellees — Church Mutual Insurance Company, Garold A. Mangun, and Mickey Mangun.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.


Defendant State of Louisiana, Through the Department of Transportation and Development (hereafter "DOTD") appeals a summary judgment granted in favor of homeowners and co-defendants, Garold Mangun and Mrs. Mickey Mangun (hereafter "the Manguns"). DOTD contends that there is a genuine issue of material fact because the Manguns...

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