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HOWARD v. STATE, DEPT. OF AGRIC. & FORESTRY

No. 00 01038-CA.

780 So.2d 513 (2001)

Claude HOWARD, et ux. v. STATE of LA., DEPT. OF AGRICULTURE & FORESTRY, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied April 20, 2001.

Attorney(s) appearing for the Case

James Earl Calhoun, Asst. Attorney General, Anselm Nnaemeka Nwokorie, Division of Risk Litigation, Alexandria, LA, Counsel for State of La., Dept. of Agriculture & Forestry, John R. O'Neal.

Kenneth Alfred Doggett, Alexandria, LA, Counsel for Claude Howard, Ruth Howard.

Court composed of YELVERTON, DECUIR and AMY, Judges.

DECUIR, Judge.

The State of Louisiana through the Department of Agriculture and Forestry (DOAF) and John O'Neal appeal the trial court's grant of a motion for judgment notwithstanding the verdict and award of $365,000.00 to plaintiffs, Claude and Ruth Howard. In addition, the plaintiffs appeal the trial court's award as insufficient.

FACTS

On February 5, 1995, John O'Neal, an employee of DOAF, stopped at the Verda Quick Stop on Hwy 471 to get some...

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