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SIMMONS v. FORBY CONTRACTING INC.

No. 97-1588.

712 So.2d 614 (1998)

Lou Alice SIMMONS, Ind., and as natural tutrix of James Anthony Simmons and William Farlie Simmons, Priscilla Simmons and Patricia Simmons Bellamy, Plaintiffs—Appellees, v. FORBY CONTRACTING INC., Wausau Insurance Company and State of Louisiana, Department of Transportation and Development, Defendants—Appellants.

Court of Appeal of Louisiana, Third Circuit.

April 29, 1998.

Attorney(s) appearing for the Case

Rudie Ray Soileau, Jr., Lake Charles, Orrie West, Conway, SC, for Lou Alice Simmons etc., et al.

John E. Bergstedt, Lake Charles, for Forby Contracting Inc., et al.

John Foster DeRosier, Lake Charles, Winfred Thomas Barrett, III, Shreveport, for State, though DOTD.

Frank M. Walker, Jr., for Howard Transportation, Inc.

Before YELVERTON, COOKS and SULLIVAN, JJ.

YELVERTON, Judge.

This appeal was brought by Forby Contracting, Inc. (Forby) and its insurer, Wausau Insurance Company (Wausau), from a judgment finding Forby to be the sole negligent actor in causing a vehicular accident that resulted in the death of James Simmons and in an award of damages to his survivors. Pending appeal, all issues except one were settled. The only remaining issue to be decided by this court is whether the trial court correctly found that the...

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