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SNEARL v. MERCER

Nos. 1999 CA 1738, 1999 CA 1739.

780 So.2d 563 (2001)

Jerrod SNEARL and Ellouise Stewart v. Gary T. MERCER, Mercer Construction Services, Bituminous Ins., Co., Succession Representative of the Estate of Benny L. Frank, ABC Ins. Co., and State of Louisiana Through the Department of Transportation and Development Dalton Olinde v. Gary T. Mercer, Mercer Construction Services, Bituminous Ins., Co., Succession Representative of the Estate of Benny L. Frank, ABC Ins., Co., and State of Louisiana Through the Department of Transportation and Development

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 2, 2001.

Attorney(s) appearing for the Case

Joseph J. McKernan, Kirby Guidry, Baton Rouge, Patrick Pendley, Plaquemine, Counsel for Plaintiffs-Appellees Jerrod Snearl and Ellouise Stewart.

Lewis O. Unglesby, Baton Rouge, Allen J. Myles, Plaquemine, Counsel for Plaintiff-Appellee Dalton Olinde.

Roy Maughan, Sr., Baton Rouge, Counsel for Plaintiff-Appellee Rhonda Frank.

Henry Salassi, Jr., Keith C. Armstrong, Baton Rouge, Counsel for Defendant-Appellant State of Louisiana.

Gregory Di Leo, New Orleans, Counsel for Intervenor LA Safety Assn. of Timbermen.

Before LeBLANC, KUHN and MOORE, JJ.

D. MILTON MOORE, III, J. Pro Tern.

The State of Louisiana, through the Department of Transportation and Development, (DOTD) appeals an adverse judgment entered on a jury verdict. The jury found DOTD 90% at fault in this personal injury case. The remaining 10% of fault was attributed to the driver of the dump truck, Benny Frank, in which the plaintiffs, Jerrod Snearl and Dalton Olinde, were passengers. Following post-trial proceedings, the District Court entered judgment...

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