THOMAS v. STATE, DEPT. OF TRANSP. & DEVELOPMENT

No. 27203-CA.

662 So.2d 788 (1995)

Roy Lee THOMAS, Insurance Company of North America & W.J. Penton Construction Co., Plaintiffs-Appellees, v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 12, 1995.


Attorney(s) appearing for the Case

Walker, Tooke, Perlman & Lyons by Jerald L. Perlman, Shreveport, for Appellant-State, DOTD.

Gregory J. Barro, Shreveport, for Appellee-Roy Lee Thomas.

Sam N. Gregorio, Shreveport, for Appellees-Ins. Co. of North America & W.J. Penton Co.

Before SEXTON, NORRIS, LINDSAY and BROWN, JJ., and PRICE, J. Pro Tem.


BROWN, Judge.

Defendant, Department of Transportation and Development ("DOTD"), appeals a judgment that awarded damages to plaintiff, Roy Lee Thomas. We amend and affirm as amended.

FACTS

The Department of Transportation and Development contracted with Madden Contracting Company ("Madden") to resurface or overlay a stretch of State Highway 159 near Shongaloo, Louisiana. W.J. Penton Construction Company of Minden, Louisiana ("Penton") entered into...

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