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LEE v. STATE

Nos. 98 CA 2559, 98 CA 2560.

751 So.2d 321 (1999)

Beverly LEE, Individually and As Representative of the Estate of Arnold E. Pierce, III v. STATE of Louisiana and/or State of Louisiana through the Department of Transportation and Development; Derrick L. Robinson; ABC Insurance Company; Robert B. McKenzie; Continental Insurance Company; Bush Construction Company, Inc.; and DEF Insurance Company. Continental Insurance Company v. Derrick L. Robinson.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 26, 2000.

Attorney(s) appearing for the Case

Charles W. Rea, Baton Rouge, LA, for plaintiffs, Robert McKenzie and Continental Insurance Company.

Dan A. Smetherman, New Orleans, LA, for defendant—third party plaintiff—appellee, Derrick L. Robinson.

Honorable Richard P. Ieyoub, Attorney General, Danial C. Vidrine, Assistant Attorney General, Baton Rouge, LA, for defendant—appellant, State of Louisiana, through the Department of Transportation and Development.

Before: GONZALES, FITZSIMMONS, and WEIMER, JJ.

FITZSIMMONS, J.

State of Louisiana, through the Department of Transportation and Development (DOTD), appeals a jury verdict in a consolidated case. DOTD was found to be fifty. percent liable for the damages incurred by Derrick Robinson in a traffic accident on October 16, 19931. After a thorough review of the record, we affirm in part, reverse in part and render in part.

FACTS

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