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SMITH v. GOETZMAN

No. 97 CA 0968.

720 So.2d 39 (1998)

Terry SMITH v. Carolyn GOETZMAN and State Farm Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 17, 1998.

Attorney(s) appearing for the Case

Erika M. Tadda, Baton Rouge, Attorney for Appellant II Plaintiff Terry Smith

Michael L. Hyman, Baton Rouge, Attorney for Appellant III Intervenor Roadrunner Towing and Recovery, Inc.

Michael E. Ponder, Eugene A. Booth, Baton Rouge, Attorneys for Appellant I Defendant City of Baton Rouge

John S. White, Jr., Baton Rouge, Attorney for Defendants Carolyn Goetzman and State Farm Mutual Automobile Insurance Company

Stephen W. Glusman, Baton Rouge, Attorney for Appellee Defendant North American Specialty Insurance Company

Before FOIL, GONZALES, WHIPPLE, KUHN and WEIMER, JJ.

FOIL, Judge.

This appeal challenges various aspects of a jury's fault determination and damage award. After a thorough review of the record, we reverse the fault finding as to one of the parties, reallocate fault and affirm the award.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff, Terry Smith, was working as a tow truck operator when he was struck by a van driven by Carolyn Goetzman. The impact pinned him between the van and a wrecker owned by his...

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