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CHAMBERLAIN v. STATE, THROUGH DOTD

No. 93-C-0472.

624 So.2d 874 (1993)

Wilmer CHAMBERLAIN and Beverly LeBlanc Chamberlain, Individually and on Behalf of their Minor Son, Chad Anthony Chamberlain v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, and ABC Lighting & Electrical Contractors, Inc.

Supreme Court of Louisiana.

Rehearing Denied October 7, 1993.

Attorney(s) appearing for the Case

William A. Porteous, III, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for applicant.

Grady C. Weeks, Stephen P. Callahan, Weeks, Starks & Callahan, Houma, Richard P. Ieyoub, Atty. Gen., Baton Rouge, Charles T. Williams, Jr., New Orleans, J. Elliott Baker, Mandeville, for respondent.

HALL, Justice.*

This case squarely presents the issue of the constitutionality of LSA-R.S. 13:5106(B)(1),1 which imposes a $500,000 ceiling on general damages recoverable in a personal injury suit against the State of Louisiana, its agencies, or its subdivisions. Finding the ceiling constitutional, the lower courts applied it to limit plaintiffs' general damage award. Upon review, we hold that the ceiling contravenes...

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