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WINGFIELD v. STATE, DEPT. OF TRANSP.

No. 2001 CA 2668, 2001 CA 2669.

835 So.2d 785 (2002)

Gordean Adella WINGFIELD, Individually and as Guardian and Conservator of the Estate of Her Major Son, Kenny Clark v. STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Wilson Trailer Company, Inc. and National Union Fire Insurance Company of Pittsburgh, PA. Jackie Murray, Sharon Ray Rovner, Ivy J. Wills as Legal Guardian and Attorney for Joseph Edward Wingfield and Joseph Edward Wingfield v. State of Louisiana, Through the Department of Transportation and Development and Wilson Trailer Company, Inc.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 31, 2002.

Attorney(s) appearing for the Case

J.E. Cullens, Jr., Charles R. Moore, Baton Rouge, Counsel for Plaintiffs-Appellees Gordean Adella Wingfield, et al.

Richard G. Creed, Jr., Baton Rouge, Robert E. Kleinpeter, Baton Rouge, Stacey Moak, Douglas M. Chapoton, Baton Rouge, Isaac H. Ryan, Robert E. Kerrigan, New Orleans, David F. Bienvenu, Nathan L. Schrantz, New Orleans, Counsel for Plaintiffs-Appellees Jackie Murray, et al. Counsel for Defendant-Appellant State of Louisiana Through the Department of Transportation and Development. Counsel for Defendant-Appellant National Union Fire Insurance Company of Pittsburgh, PA.

Before: FITZSIMMONS, GAIDRY and JAMES, JJ.

FITZSIMMONS, J.

On August 6, 1994, Mr. Kenneth Clark and his step-father, Mr. Jack Ray Wingfield, both commercial truck drivers, were hauling a load of cattle from Florida to Arizona via Interstate Highway 10, westbound. A fatal accident occurred when the driver of the double decked tractor-trailer, Mr. Clark, entered a sharply curving ramp on the interstate, just before the Mississippi River Bridge in Baton Rouge, Louisiana. At the time of the accident, approximately...

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