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THORNHILL v. STATE DEPT. OF TRANSP.

No. 95 CA 1950.

676 So.2d 799 (1996)

Huey P. THORNHILL, Jr. v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Marguerite M. Riley, and Allstate Insurance Company.

Court of Appeal of Louisiana, First Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Donald Price, Baton Rouge, for Marguerite Martin Riley.

Vincent J. Saitta, Lafayette, for John Ford.

Jerald Block, Thibodaux, for Earl Joseph Martin, Sr., Lloyd Martin, Thelma Martin Johnson, Barbara Martin Lewis, Brenda Martin and Larry Martin.

J. Michael Placer, Lafayette, for Huey P. Thornhill, Jr.

Ronald Vega, New Orleans, for Louisiana Ins. Guar. Ass'n.

Eugene G. Gouaux, Jr., Lockport, for Lucien Martin, Jr., Mary Johnson, and Beverly Vallain.

Nel F. Vezina, Andree Matherne Cullens, Gretna, for State of Louisiana, Dept. of Transp. and Development.

Kenneth R. Bowen, New Orleans, for Shelter Mut. Ins. Co.

Randall L. Bethancourt, Houma, for Allstate Ins. Co.

Before CARTER and PITCHER, JJ. and CRAIN, J. Pro Tem.

In these consolidated tort actions, the State of Louisiana, through the Department of Transportation and Development (DOTD), appeals from a judgment of the trial court in favor of plaintiffs. Additionally, plaintiffs have answered the appeal, alleging that the trial court erred in assessing fault to a phantom tortfeasor. We amend and affirm.

FACTS AND PROCEDURAL HISTORY

These actions arose as a result of an automobile accident which occurred on the...

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