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Revised copy 3/17/98

SUPREME COURT OF LOUISIANA No. 97-C-2321 WITT, ET AL. V. SUBARU OF AMERICA, ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF VERNON

PER CURIAM* Writ granted. In this personal injury case involving a one-car collision the trial court entered into judgment on September 6, 1973 an Act of Compromise, Receipt and Release settling all claims of the injured minor passenger against the owner of the vehicle, the driver and their insurer for the sum of $10,000.00.1 The release contained no reservation of rights, as was required by the law in effect at that time.2 Subsequently, the driver of the vehicle and the injured passenger, through his tutrix, filed suit against defendants herein. Almost five years after the original release, and after defendant DOTD had orally excepted based on the failure to reserve

*

Johnson, J., not on panel. Rule IV, Part 2,

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