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THOMAS v. PETROLANE GAS SERVICE LTD.

No. 22774-CA.

588 So.2d 711 (1991)

Lonzo THOMAS and Brendia Thomas, Plaintiffs, v. PETROLANE GAS SERVICE LIMITED PARTNERSHIP, James P. Morgan, and Fidelity and Casualty Company of New York, Defendants.

Court of Appeal of Louisiana, Second Circuit.

On Rehearing October 24, 1991.

Writ Denied January 10, 1992.

Attorney(s) appearing for the Case

Walker & Walker by C. Douglas Walker, Monroe, for plaintiffs-appellees-appellants.

Davenport, Files & Kelly by Mike C. Sanders, Monroe, for defendants-third-party plaintiffs-appellants, Petrolane Gas, James P. Morgan, and Fidelity and Cas. Co. of New York.

William J. Guste, Atty. Gen. Hayes, Harkey, Smith, Cascio & Mullens by Sp. Asst. Atty. Gen., Francis C. Broussard, Monroe, for defendant-third-party defendant-appellant, State of La., DOTD.

Before HIGHTOWER, VICTORY and BROWN, JJ.

HIGHTOWER, Judge.

In this automobile accident case, the trial court awarded damages in favor of Lonzo Thomas ("plaintiff") and his wife; assigned the defendant driver, James Morgan, and his employer, sixty percent of the liability; and additionally held the third party defendant, State of Louisiana through the Department of Transportation and Development (DOTD), forty percent at fault. This appeal ensued.

Ascertaining Morgan solely at fault, we reverse the...

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