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PHELPS v. WHITE

No. 94-267.

645 So.2d 698 (1994)

Ernest PHELPS, Plaintiff-Appellant, v. Richard WHITE, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 14, 1994.

Attorney(s) appearing for the Case

Laura E. Fahy, Patrick Dennis McArdle, New Orleans, for Ernest Phelps.

Chester James Rothkamm Jr., Baton Rouge, for Richard White et al.

Douglas Nealon Stracener, Baton Rouge, for Martrain Marine.

Before LABORDE, KNOLL and THIBODEAUX, JJ.

KNOLL, Judge.

This personal injury case involves a boating accident on Lake Concordia and raises questions of comparative fault and damages. Ernest Phelps, the surviving husband of Mary Phelps, appeals a jury determination that he was 75% at fault for the death of his wife in a boating accident and that Richard White (hereafter Mr. White), the operator of the other boat involved in the accident, was 25% at fault. Even though the jury found Mr. White 25% at fault,...

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