WALKER v. BANKSTON

No. 21949-CA.

571 So.2d 690 (1990)

Don Ray WALKER, Plaintiff-Appellant, v. Alan W. BANKSTON and State of Louisiana, Department of Wildlife and Fisheries, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

December 5, 1990.


Attorney(s) appearing for the Case

Bruscato, Loomis & Street, by C. Daniel Street, Monroe, for Don Ray Walker, plaintiff-appellant.

Hayes, Harkey, Smith, Cascio & Mullens, by Francis C. Broussard, Monroe, for Alan W. Bankston and State of LA, Dept. of Wildlife & Fisheries, defendants-appellants.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.


MARVIN, Chief Judge.

In this personal injury-damage action arising out of a collision between a Stateowned pickup and a three-wheeled ATV vehicle, both drivers appeal from a judgment that awarded the ATV driver $137,427 in damages and allocated fault 90 percent to that driver and 10 percent to the pickup driver, who was a State game warden.

The accident occurred on a dark, wet night on a rural state highway when neither vehicle had its lights on. A jury assessed...

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