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HOWARD v. ICRR

No. 97-CA-1041.

709 So.2d 1044 (1998)

Deborah HOWARD, et al. v. ICRR, and the State of Louisiana, Through the Dept. of Transportation and Development.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 15, 1998.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Gus A. Manthey, Jr., Assistant Attorney General, New Orleans, for Defendant-Appellant.

Hugh P. Lambert, Linda J. Nelson, New Orleans, for Plaintiff-Appellee.

Before GRISBAUM, DUFRESNE and CANNELLA, JJ.

DUFRESNE, Judge.

This is an appeal by the Louisiana Department of Transportation and Development (DOTD) from a $1,975,000.00 judgment, reduced 75% for decedent's comparative fault, in this fatal automobile-train collision case. Deborah Howard, decedent's widow, and her three minor children, sued DOTD and the Illinois Central Railroad Company, and DOTD urged a third-party demand against the railroad. Immediately prior to trial, plaintiffs and the railroad confected...

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