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CLEMENT v. FREY

No. 94 CA 1278.

653 So.2d 1341 (1995)

Janice G. CLEMENT as Provisional Curatrix of James C. Clement and Charlene B. Thibodaux as Natural Tutrix of the Minor Children, Brittany Renee Clement and Ashley Elizabeth Clement v. Melanie A. FREY, Louisiana Indemnity Company and Louisiana Department of Transportation and Development (Office of Highways) Melanie A. FREY v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (OFFICE OF HIGHWAYS) LOUISIANA INDEMNITY COMPANY v. Janice C. CLEMENT, as Provisional Curatrix of James Clement, Charlene B. Thibodaux as Natural Tutrix of the Minor Children, Brittany Renee Clement and Ashley Elizabeth Clement and McDermott Incorporated.

Court of Appeal of Louisiana, First Circuit.

Writs Granted June 23, 1995.

Attorney(s) appearing for the Case

Danny J. Lirette, Houma, for plaintiffs-appellees, Janice G. Clement, et al.

Sidney F. Lewis, New Orleans, for intervenor-appellee, McDermott Inc.

James R. Dagate, Houma, for plaintiffs-defendants-appellees, Melanie Frey and La. Indem. Co.

F. Hugh LaRose, Thibodaux, for plaintiff-appellee, Melanie Frey.

Philip J. McMahon, Houma, for defendant-appellant La. DOTD.

Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

SHORTESS, Judge.

On November 23, 1992, on Louisiana Highway 309 in Lafourche Parish, a vehicle driven by Melanie A. Frey (Frey) crossed the center line and collided head-on with a vehicle driven by James C. Clement (Clement). Both Frey and Clement sustained serious injuries in the accident. Clement suffered organic brain damage and was interdicted; his mother, Janice G. Clement (Mrs. Clement), was named his curatrix.

Mrs. Clement filed suit on Clement's behalf...

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