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GIBSON v. STATE EX REL. DEPT. OF TRANSP. & DEV.

Nos. 95 CA 1418, 95 CA 1419.

674 So.2d 996 (1996)

Dorothy GIBSON, Individually and as Natural Tutor of Her Minor Children v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT. AMERICAN MOTORIST INSURANCE COMPANY v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied June 25, 1996.

Attorney(s) appearing for the Case

William Goforth, Lafayette, for Plaintiff-Appellee Dorothy G. Gibson, etc.

William Doran, Jr., Baton Rouge, for Defendant-Appellant 1st State of Louisiana, DOTD.

David Butler and Keith Armstrong, Baton Rouge, for Intervenor-Appellant 2nd American Motorist Insurance Company, Case No. 275,339—Intervenor, Case No. 275, 423— Plaintiff.

Before SHORTESS, PARRO and KUHN, JJ.

KUHN, Judge.

In this survival action and wrongful death lawsuit, the trial court concluded damages were caused by the concurrent liability of the decedent and the defendant, the State of Louisiana, through Department of Transportation and Development ("DOTD"). Fault was apportioned, with DOTD assessed 662/3 percent of fault and the decedent 331/3 percent. We affirm.

FACTS

On March 2, 1983, Vincent Gibson...

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