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PESSON v. REYNOLDS

No. 97 CA 0150.

727 So.2d 507 (1998)

Anna Pesson, wife of and Raymond PESSON, Jr. and Their Minor Children, Raymond Pesson, III and Jasmine Pesson v. Jess REYNOLDS, III, Patterson Truck Line, Inc. and Insurance Company of North America.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion December 9, 1998.

Rehearing Denied February 26, 1999.

Attorney(s) appearing for the Case

Lawrence K. Burleigh, Sr. Lafayette, LA, for plaintiffs-appellees Anna Pesson, Wife of and Raymond Pesson, Jr., et al.

William F. Dodd, Houma, LA, for defendants Jess Reynolds, III, Patterson Truck Line, Inc., and Insurance Company of North America.

James L. Pate, Lafayette, LA, for defendant Insurance Company of North America.

Bryan D. Scofield, Susan A. Daigle, Lafayette, LA, for defendants Excess Underwriters and Jess Reynolds, III, and Patterson Truck Line, Inc.

Brenda S. Nation, Edward M. Campbell, Baton Rouge, LA, for defendant-appellant State of Louisiana, Department of Transportation and Development.

Jay C. Zainey, Metairie, LA, for Intervenor Louisiana Health Care Authority.

BEFORE: GONZALES, PARRO, FITZSIMMONS and GUIDRY, JJ., AND LOTTINGER, J. Pro Tem.

Dissenting Opinion of Judge Guidry December 9, 1998.

GONZALES, J.

In this personal injury action, the defendant, the State of Louisiana through the Department of Transportation and Development, appeals from the trial court's finding of liability and assessment of damages.

FACTS

On July 2, 1993, at approximately 11:20 p.m., Anna Pesson (Mrs. Pesson) was driving her 1990 Ford Probe eastbound on U.S. Highway 90 (Hwy.90) in Morgan City, Louisiana...

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