MOLBERT v. TOEPFER

No. 89-C-0836.

550 So.2d 183 (1989)

Chris MOLBERT, et al. v. Arthur TOEPFER, et al.

Supreme Court of Louisiana.

October 23, 1989.


Attorney(s) appearing for the Case

Norman L. Sisson, William W. Irwin, Jr., Edward A. Michel, Baton Rouge, Robert J. Adams, Lafayette, and Sharon Lyles, Baton Rouge, for applicants.

Nora Stelly, Allen & Gooch, E. Gregory Voorhies, Voorhies & Labbe', Lafayette, Paul J. Hebert, Sonnier, Hebert & Hebert, Abbeville, and John Blackwell, Gibbens & Blackwell, New Iberia, for respondents.


CALOGERO, Justice.

A guest passenger in a one car accident satisfied the district court and the court of appeal that he was not at fault and that both his host driver and the Department of Transportation and Development were. Applying comparative fault principles, the district court assessed the Department 5% fault and the host driver 95%. Substantial monetary damages were then awarded without any reduction responsive to plaintiff's fault.

We granted a writ...

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