997 So. 2d 561 (2008)
STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
No. 2008-C-1896.
STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
v.
David WADE, et al.
No. 2008-C-1896.
Supreme Court of Louisiana.
December 12, 2008.*562 Denied.
VICTORY, J., would grant.