
    Mrs. Mabel SKINNER v. Roderick W. LACOMBE, and State of Louisiana through the Department of Transportation and Development (formerly the Department of Highways).
    No. 67121.
    Supreme Court of Louisiana.
    April 18, 1980.
   DIXON, C. J.,

agrees that the writ should be denied, for the reason that the “cause of action” or “cause” or the “juridical facts on which the demand is based” is the same in each suit — the collision. The new contention that the accident was caused by the overloaded truck is merely new evidence, and should not justify a new trial on the same accident. See 51 Tul.L.Rev. 611, 619-621, 635, 642.

DENNIS, J.,

concurs in denying the writ because the result is correct.

BLANCHE, J., recused.  