Hans J. Liljeberg Judge
THEODORE M. SCHEXNAYDER AND NO. 13-CA-330 LYNELL S. SCHEXNAYDER FIFTH CIRCUIT VERSUS COURT OF APPEAL STATE OF LOUISIANA THROUGH THE STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT; WILLARD SMITH; GERARD J AERINGUE; BELLSOUTH COMMUNICATIONS, INC. AND ABC INSURANCE COMPANY ON APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COLTRT PARISH OF ST. CHARLES, STATE OF LOUISIANA NO. 67,124, DIVISION "E" HONORABLE ROBERT A. CHAISSON, JUDGE PRESIDING COURT OF APPEAL FIFTH CTRCUTT OCTOBER 30, 2013 FILED OCT 30 21J13 HANS J. LILJEBERG JUDGE Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg MARK D. PLAISANCE ATTORNEY AT LAW Post Office Box 796 Thibodaux, Louisiana 70302-0796 COUNSEL FOR PLAINTIFFS/APPELLANTS AND KENNETH H. HOOKS, III ATTORNEY AT LAW 17405 Perkins Road Baton Rouge, Louisiana 70810 COUNSEL FOR PLAINTIFFS/APPELLANTS BUDDY CALDWELL Attorney General WILLIAM S. CULVER, JR. DEBORAH W. FALLIS Assistant Attorneys General Louisiana Department ofJustice Litigation Division 400 Poydras Street Suite 1600 New Orleans, Louisiana 70130 COUNSEL FOR DEFENDANT/APPELLEE GAUDRY, RANSON, HIGGINS & GREMILLION DARYL A. HIGGINS A. MARK FLAKE ATTORNEYS AT LAW 401 Whitney Avenue Suite 500 Gretna, Louisiana 70056 COUNSEL FOR DEFENDANTS/APPELLEES AFFIRMED -2 *' Plaintiffs, Theodore and Lynell Schexnayder, appeal a judgment rendered in ~U in accordance with ajury verdict in favor of defendants, dismissing plaintiffs' "\l~ ,\ claims against them. For the following reasons, we affirm. 31~ FACTS AND PROCEDURAL HISTORY This case arises from a motor vehicle accident that occurred on September 18, 2007, on Louisiana Highway 18, commonly known as "River Road," in S1. Charles Parish.' Theodore Schexnayder was operating a 2007 Kawasaki motorcycle in a westbound direction.
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