STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT MACY LEDET, INDIVIDUALLY AND NO. 2022 CW 0579 ON BEHALF OF CULLEN ALEXANDER MCDANIEL AND FIONA ELLENDER MCDANTEL VERSUS FOREST RIVER, INC. D/B/A AUGUST 29, 2022 DYNAMAX, ABC INSURANCE COMPANY, LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND/OR STATE OF LOUISIANA

In Re: Louisiana Department of Transportation and Development and/or State of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 142276.

BEFORE : McDONALD, WELCH, AND HOLDRIDGE, JJ.

WRIT GRANTED. After a de novo review, we find that the plaintiffs, Macy Ledet, Individually and on Behalf of Cullen Alexander McDaniel and Fiona Ellender McDaniel, failed to allege any factual basis to support a cause of action against the State of Louisiana and Louisiana Department of Transportation and Development. Accordingly, the April 6, 2022 ruling of the district court denying the peremptory exception of no cause of action filed by the State of Louisiana and Louisiana Department of Transportation and Development is reversed, and the exception of no cause of action is sustained. This matter is remanded to the district court with instructions to allow plaintiffs the opportunity to amend their petition to state a cause of action, if possible, within a delay deemed reasonable by the district court pursuant to La. Code Civ. P. art. 934.

GH COURT OF APPEAL, FIRST CIRCUIT Awl DEPUTY CLERK OF COUR