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SUPREME COURT OF LOUISIANA

NO. 96-CA-0592

EMBRY TEEL AND PATRICIA ANN TEEL

VERSUS

STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND VIRGINIA WOLFE

consolidated with

VIRGINIA GILBERT, WIFE OF AND CHARLES WOLFE, INDIVIDUALLY AND AS THE REPRESENTATIVE OF HIS MINOR SON DAVID WOLFE

versus

STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, EMBRY TEEL, LINDA HUPIN, AND AUTOMOTIVE CASUALTY INSURANCE COMPANY

ON APPEAL FROM THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, STATE OF LOUISIANA

WATSON, Justice.1 These consolidated suits against the Department of Transportation and

Development (DOTD) arise out of an automobile accident in which Embry Teel sustained grievous bodily injury.2 The Teels sued the DOTD under theories of negligence and strict liability. The trial court found the DOTD 50% liable for Embry Teel's injuries. In making its decision, the trial court decided that LSA-R.S. 9:2800 violates La. Const. art. XII,

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Louisiana Law