Barker v. Department of Transportation & Development

|?A year after selling land in Livingston Parish to the State of Louisiana through the Department of Transportation and Development (DOTD), the appellant, Rosie Mae Forbes Barker, filed a petition for damages seeking to rescind the sale on the grounds of lesion beyond moiety. In response, the DOTD filed a peremptory exception objecting to Ms. Barker’s petition on the basis of res judicata. The trial court sustained the peremptory exception and dismissed Ms. Barker’s petition for damages with prejudice. This devolutive appeal followed.

While acknowledging that the contract of sale contains…