CLEMENT v. FREY

Nos. 95-C-1119, 95-C-1163.

666 So.2d 607 (1996)

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 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.

Supreme Court of Louisiana.

January 16, 1996.


Attorney(s) appearing for the Case

Danny J. Lirette, Michael X. St. Martin, for Applicant in No. 95-C-1119.

James Robert Dagate, F. Hugh Larose, Boudreaux & Larose, Philip J. McMahon, Richard P. Ieyoub, Attorney General, Sidney F. Lewis, V, for Respondent.

James Robert Dagate, F. Hugh Larose, Boudreaux & Larose, for Applicant in No. 95-C-1163.

Danny J. Lirette, Michael X. St. Martin, Philip J. McMahon, Richard Phillip Ieyoub, Attorney General, Sidney F. Lewis, V, for Respondent.


CALOGERO, Chief Justice.*

We granted writs in this case1 to consider how fault should have been allocated by the court of appeal, after it determined that the district court's allocation of fault was manifestly erroneous, or clearly wrong. The court of appeal in this case performed a de novo review and thereupon apportioned fault as it perceived was warranted based...

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