SMILEY v. SIKES

No. 20,497-CA.

543 So.2d 1084 (1989)

Calvin R. SMILEY and Janice W. Smiley, Plaintiffs-Appellants, v. Terry Lynn SIKES, J.F. Haney, Potashnick Construction Co., Inc., and State of Louisiana Department of Transportation and Development, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 10, 1989.


Attorney(s) appearing for the Case

Sam N. Gregorio, Shreveport, for plaintiffs-appellants.

Terry Lynn Sikes, pro. per.

Lunn, Irion, Johnson, Salley & Carlisle by Charles W. Salley, James A. Mijalis, Shreveport, for defendants-appellees Potashnick Const. Co. and Aetna Cas. and Sur. Co.

Booth, Lockard, Politz, Lesage and D'Anna by Nyle Anthony Politz and Louisiana Dept. of Justice by David R. Haymon, John William King, Baton Rouge, for defendant-appellee Louisiana Dept. of Transp. and Development.

Before HALL, C.J., and MARVIN and HIGHTOWER, JJ.


HIGHTOWER, Judge.

This appeal involves a tragic accident in which a motorist drove around a barricade at the entrance to an unopened roadway, proceeded on his way, and subsequently struck and killed two teenagers on the roadway. The parents of one of the teenagers, Kelly Smiley, brought this action.

The most significant issue presented is whether Kelly was contributorily negligent. Since the accident occurred prior...

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