ROY v. PHELPS

No. 85-347.

488 So.2d 468 (1986)

David Russell ROY, Plaintiff-Appellee, v. C. Paul PHELPS, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 15, 1986.


Attorney(s) appearing for the Case

Joseph Erwin Kopsa, Staff Atty., Baton Rouge, for defendants-appellants.

Steven C. Graalmann, of Percy, Smith & Assoc., Alexandria, for plaintiff-appellee.

Before KNOLL, KING and BRUNSON, JJ.


KNOLL, Judge.

The Louisiana Department of Corrections (hereafter DOC) and the Louisiana National Guard (hereafter LNG) appeal the $55,000 award of damages to David Russell Roy. The trial judge found DOC and LNG negligent in assigning Roy to heavy duty work when he was still complaining of back pain. DOC and LNG contend that the trial court erred: (1) in making its factual determination that Roy reinjured his back while lifting heavy objects; and (2) in concluding...

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