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CAPONE v. ORMET CORP.

No. 2001 CA 0060.

822 So.2d 684 (2002)

John W. CAPONE, III, John W. Capone, Jr. and Laverne Capone v. ORMET CORPORATION, the State of Louisiana, Through the Department of Transportation and Development and XYZ Insurance Company

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 13, 2002.

Attorney(s) appearing for the Case

Joseph J. McKernan, Gordon J. McKernan, John H. Smith, Baton Rouge, Marvin Gros, Donaldsonville, Counsel for John W. Capone, III, et al.

Robert E. Kerrigan, Jr., Isaac H. Ryan, New Orleans, Counsel for Ormet Primary Aluminum Corporation.

Arlene C. Edwards, Baton Rouge, Counsel for State of Louisiana, Through the Department of Transportation and Development.

Before: FOIL, FITZSIMMONS, DOWNING, KLINE and LANIER, JJ.

WALTER I. LANIER, Jr., Judge Pro Tem.

This action is a suit for damages in tort arising out of a single vehicle accident. The defendants are Ormet Primary Aluminum Corporation (Ormet) and the State of Louisiana, Department of Transportation and Development (DOTD). After a trial on the merits, the trial judge found all parties at fault. He assessed 70% fault to Ormet, 20% to DOTD and 10% to the plaintiff, John W. Capone, III. Ormet and DOTD have appealed.

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