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CLARK v. MITCHELL

No. 99 CA 0719, 99 CA 0720.

760 So.2d 1236 (2000)

Phyllis H. CLARK, Individually, and as Natural Tutrix of her Minor Children, Kevin D. Clark and Keith R. Clark v. Kirk A. MITCHELL, Gilbert Parker, Jr., Louisiana Indemnity Company, the State of Louisiana Through the Department of Transportation & Development, T.L. James & Co., Inc., and the Parish of Terrebonne, Through the Terrebonne Parish Consolidated Government. Kirk A. Mitchell v. Louisiana Department of Transportation and Development and Terrebonne Parish Consolidated Government.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 7, 2000.

Attorney(s) appearing for the Case

Robert H. Matthews, New Orleans, for Plaintiff-Appellee, Phyllis H. Clark.

Linda M. Meyer, New Orleans, for Plaintiff-Appellee, Kirk A. Mitchell.

Sylvia M. Fordice, Lafayette, for Defendant-Appellant, State of La., through DOTD.

Charles W. Schmidt, III, New Orleans, for Defendants-Appellants, T.L. James & Co., Inc. and Highland Insurance Co.

Before: SHORTESS, C.J., PARRO and KUHN, JJ.

SHORTESS, C.J.

At approximately 8:00 p.m. on April 21, 1993, Phyllis H. Clark (plaintiff) was driving a 1986 Toyota Corolla northbound on Louisiana Highway 660 (Coteau Road) toward its intersection with Louisiana Highway 3087 (Prospect Street) in Terrebonne Parish. Her husband, Graylenn L. Clark, and their minor children, Kevin D. Clark and Keith R. Clark, were passengers in the Toyota. At the intersection of Coteau and Prospect, the Toyota was hit broadside by an...

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