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BROWN v. STATE THROUGH DOTD

No. 89-CA-445.

572 So.2d 1058 (1990)

Kathleen Noto BROWN, Individually and as Administratrix of the Succession of Robert Leon Brown, and as Tutrix of the Minor Child Michelle K. Brown v. The STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Barriere Construction Company and United States Fidelity and Guaranty Company.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Granted in Part and Denied in Part February 8, 1991.

Attorney(s) appearing for the Case

Peter A. Feringa, Jr., Christoffer C. Friend, New Orleans, for defendants-appellants Barriere Const. Co. and U.S. Fidelity & Guar. Co.

Jesse Guillot, New Orleans, for defendant-appellee State of La.

Jan P. Jumonville, New Orleans, for defendant-appellee U.S. Fire Ins. Co.

Edward F. Downing, III, Metairie, for plaintiffs-appellees.

Before GAUDIN, GRISBAUM and GOTHARD, JJ.

GAUDIN, Judge.

This is an appeal by the Louisiana Department of Transportation and Development and a highway contractor, Barriere Construction Company, from a judgment of the 24th Judicial District Court finding each 30 per cent at fault for a one-car accident on the Westbank Expressway in Gretna, Louisiana. The fatally-injured plaintiff driver was found to be 40 per cent responsible.

Petitioners are the surviving wife and minor child of Robert L. Brown, who...

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