VICKIE HERNANDEZ Vs. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
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VICKIE HERNANDEZ VERSUS STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT * NO. 2002-CA-0162 * COURT OF APPEAL * FOURTH CIRCUIT STATE OF LOUISIANA ******* CONSOLIDATED WITH: CONSOLIDATED WITH: JUDE E. BAILEY AND ARTHUR BAILEY VERSUS STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT NO. 2002-CA-0163 APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NOS. 84-673 C/W 87-024 DIVISION “C” Honorable Wayne Cresap, Judge ****** Judge Steven R. Plotkin ****** (Court composed of Chief Judge William H. Byrnes, III, Judge Joan Bernard Armstrong, Judge Steven R. Plotkin, Judge Charles R. Jones, Judge Miriam G. Waltzer, Judge Patricia Rivet Murray, Judge James F. McKay, III, Judge Dennis R. Bagneris, Sr., Judge Michael E. Kirby, Judge Terri F. Love, Judge Max N. Tobias, Jr.) (ON APPLICATION FOR REHEARING EN BANC) (ARMSTRONG, J., CONCURS IN THE RESULT) (MURRAY, J., CONCURS WITH REASONS) (KIRBY, J., CONCURS FOR THE REASONS ASSIGNED BY JUDGE MURRAY) (BYRNES, C.J., DISSENTS IN PART AND CONCURS IN PART) (JONES, J., DISSENTS IN PART AND CONCURS IN PART FOR THE REASONS ASSIGNED BY CHIEF JUDGE BYRNES AND JUDGE LOVE) (MCKAY, J., DISSENTS) (BAGNERIS, J., CONCURS WITH BYRNES, C.J., DISSENTS IN PART AND CONCURS IN PART) (LOVE, J., DISSENTS IN PART AND CONCURS IN PART) Glenn E. Diaz Carlos Zelaya David C. Vidrine 2200 Jackson Boulevard Chalmette, LA 70043 -andRobert J. Klees Of Counsel 4620 E. St. Bernard Highway Mereaux, Louisiana 70075 COUNSEL FOR PLAINTIFF/APPELLEE, VICKIE HERNANDEZ Eric A. Bopp Walter R. Woodruff EDWARD S. BOPP-LAW CORPORATION 6725 St. Claude Avenue Suite 102 Arabi, LA 70032 COUNSEL FOR PLAINTIFFS/APPELLEES, JUDE AND ARTHUR BAILEY Richard P. Ieyoub Attorney General Anthony J. Angelette, Jr. E. John Litchfield Special Assistant Attorney General 2310 Metairie Road Metairie, LA 70001 COUNSEL FOR DEFENDANT/APPELLANT, STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AFFIRMED This Court granted an En Banc rehearing to Vickie Hernandez, but did not grant an En Banc rehearing to Jude and Arthur Bailey. On rehearing, a majority of the Court voted to affirm the panel decision and to deny rehearing for reasons stated in the original opinion, or concur. In addition, the majority adopts, in part, the reasoning and holding in Angelo v. Ales, (La.App.1 cir. 12/22/94), 649 So.2d 1042. AFFIRMED
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