DUFRENE v. WILLINGHAM

No. 97-CA-1239.

721 So.2d 1026 (1998)

Yvonne V. DUFRENE, Individually and as Administrator of the Estate of Dennis L. Dufrene, Shane Michael Dufrene, and Jessica Leigh Dufrene v. John W. WILLINGHAM, U.S.F. & G. Insurance and the State of Louisiana, Though the Department of Transportation and Development

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 14, 1998.


Attorney(s) appearing for the Case

Daryl A. Higgins, Thomas W. Darling, Windhorst, Gaudry, Ranson, Higgins & Gremillion, Gretna, for plaintiffs-appellees.

Gus A. Manthey, Assistant Attorney General, New Orleans, for defendants-appellants.

E. Peter Urbanowicz, John A. Lovett, Lance P. Martin, Liskow & Lewis, New Orleans, for intervenor-appellee—2nd appellant.

Charles A. Boggs, Edward A. Rodgigue, Anne E. Medo, Boggs, Loehn & Rodrigue, New Orleans, for defendant-appellee.

Before GAUDIN, GRISBAUM and WICKER, JJ.


GAUDIN, Judge.

In this highway accident case, a trial judge in the 24th Judicial District Court found the Louisiana Department of Transportation and Development 80 percent negligent and a motorist 20 percent responsible for a two-vehicle collision on U.S. Highway 90 near Mosca's restaurant just west of Westwego, Louisiana.

According to the assigned reasons for judgment, the DOTD was partially cast in judgment because it permitted an unreasonably dangerous...

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