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SIMPSON v. STATE THROUGH DOTD

Nos. 92 CA 0115 to 92 CA 0117.

636 So.2d 608 (1993)

Gerald SIMPSON, Individually and as Administrator of the Estate of His Minor Son, David S. Simpson, and Sally Prine Simpson, v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT. Troy LOFTON, Individually and as Administrator of the Estate of His Minor Son, Troy Lofton, Jr. v. The STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and Gerald Simpson, Individually and as Administrator of the Estate of His Minor Son, David S. Simpson, and Champion Insurance Company. Patricia MILTON, Individually and as Administratrix of the Estate of Her Minor Son, Robert Marc Huber v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and Gerald Simpson, Individually and as Administrator of the Estate of His Minor Son, David S. Simpson.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion January 20, 1994.

Opinion Granting Rehearings in Part, Denying Rehearings in Part March 21, 1994.

Writ Denied May 6, 1994.

Attorney(s) appearing for the Case

Walter Landry Smith, Baton Rouge, Robert Carter, Greensburg, for Gerald Simpson.

William Quinn, Kentwood, for Patricia Milton.

Curtis K. Stafford, Jr., Baton Rouge, for Troy Lofton.

Randall Cashio, Baton Rouge, for State of La. Dept. of Transp. & Development.

T. Jay Seale, Hammond, AL, C.T. Williams, Metairie, for State of La.

Before WATKINS, CRAIN, GONZALES, WHIPPLE and PITCHER, JJ.

Dissenting Opinion of Justice Gonzales January 20, 1994.

CRAIN, Judge.

This appeal stems from a tragic accident that occurred on May 23, 1987, on La. Hwy. 1054, which is a rural road in Tangipahoa Parish, Louisiana. Three boys received substantial injuries when the pickup truck in which they were riding went out of control and hit the railing of a trestle bridge under the "garde" of the State of Louisiana, Department of Transportation and Development (DOTD...

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