BOZEMAN v. STATE

No. 34,430-CA.

787 So.2d 357 (2001)

Linda BOZEMAN, Individually and on Behalf of Tommy Bozeman, Plaintiff-appellee, v. STATE of Louisiana, and the Department of Transportation and Development, Defendant-appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 3, 2001.

Writ Denied June 29, 2001.


Attorney(s) appearing for the Case

Claude W. Bookter, Jr., Special Assistant Attorney General, Counsel for Appellant.

Jack M. Bailey, Jr., Shreveport, William G. Adamson, Counsel for Appellee.

Before BROWN, CARAWAY and PEATROSS, JJ.


CARAWAY, J.

This action arose from an automobile accident which the plaintiff alleged was caused by a defective shoulder on a state highway. The trial court found the State of Louisiana 75% at fault for the unreasonable risk of harm created by a three inch drop-off from the blacktop to the shoulder. The driver of the vehicle was apportioned with 25% of the fault for the accident. The State appeals urging various assignments of error, including the trial court's finding...

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