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SHEPHARD ON BEHALF OF SHEPHARD v. SCHEELER

Nos. 96-C-1690, 96-C-1720.

701 So.2d 1308 (1997)

Mr. and Mrs. Michael SHEPHARD, on Behalf of their deceased minor child, Matthew E. SHEPHARD v. Alfred L. SCHEELER, et al.

Supreme Court of Louisiana.

Rehearing Denied December 12, 1997.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, David R. Kelly, Breazeale, Sachse & Wilson, Baton Rouge, for Applicant in No. 96-C-1690.

Stephen R. Barry, Tobin J. Eason, George J. Richaud, Young, Richard, Theard & Myers, New Orleans, for Applicant in No. 96-C-1720.

Sidney D. Torres, III, Gregory J. Noto, Richard A. Tonry, Michael C. Ginart, Jr., Tonry & Ginart, Chalmette, John W. Mumphrey, George N. Bischof, Jr., Stephen R. Barry, Tobin J. Eason, Weiss & Eason, New Orleans, George J. Richaud, Young, Richard, Theard & Myers, New Orleans, for Respondent in No. 96-C-1690.

Richard P. Ieyoub, Attorney General, David R. Kelly, Breazeale, Sachse & Wilson, Baton Rouge, Sidney D. Torres, III, Gregory J. Noto, Richard A. Tonry, Michael C. Ginart, Jr., Tonry & Ginart, Chalmette, John W. Mumphrey, George N. Bischof, Jr., Weiss & Eason, New Orleans, for Respondent in No. 96-C-1720.

KNOLL, Justice.

This action arises out of a fatal accident that occurred on July 6, 1987, on Louisiana Highway 39 (Judge Perez Drive) in St. Bernard Parish. We granted a writ of review to determine whether a proper allocation of fault had been made below. For reasons which follow, we conclude the proper allocation of fault to be 80% Scheeler, 20% St. Bernard Parish Police Jury.

On July 6, 1987, Alfred Scheeler, then sixteen, went for an after school drive...

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