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TEMPLE v. STATE EX REL. DOTD

No. 2002 CA 1977.

858 So.2d 569 (2003)

Wayne Richard TEMPLE v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

Writ Denied November 7, 2003.

Attorney(s) appearing for the Case

Leonard Cardenas, III, Baton Rouge, Counsel for Plaintiff/1st Appellant Wayne Richard Temple.

Richard P. Ieyoub, Attorney General, William E. Crawford, Jr., Assistant Attorney General, Baton Rouge, Counsel for Defendant/2nd Appellant State of Louisiana, Through the Department of Transportation and Development.

Before: FITZSIMMONS, GUIDRY, and PETTIGREW, JJ.

FITZSIMMONS, J.

Plaintiff, Wayne Richard Temple, filed a claim for damages against defendant, State of Louisiana, Department of Transportation and Development (DOTD). The petition alleged that DOTD was liable for the death of Mr. Temple's wife of one month, Anna Marie Temple. The jury awarded Mr. Temple $75,000.00 for his wrongful death claim, but allocated 85% of the fault to Mrs. Temple and 15% to DOTD. The trial court granted Mr. Temple's motion for additur, increased...

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