TOSTON v. PARDON

No. 36,880-CA.

847 So.2d 119 (2003)

Annette TOSTON, as Curatrix of Syvella Toston and Tutrix of Tyra Toston, Plaintiff-Appellee, v. James D. PARDON, Nelson R. Carr, Progressive Security Insurance Company, Illinois National Insurance Company, State of Louisiana, through Department of Transportation and Development, Defendants-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 14, 2003.


Attorney(s) appearing for the Case

The Boles Law Firm, by Michael L. DuBos, Deutsch, Kerrigan & Stiles by Robert E. Kerrigan, Jr. Joseph L. McReynolds for Appellant, State of Louisiana, DOTD.

Philip T. Deal, Lewis O. Unglesby, for Plaintiff-Appellee.

Before BROWN, GASKINS, CARAWAY, MOORE and KOSTELKA (Pro Tempore), JJ.


CARAWAY, J.

This intersectional auto collision presents issues concerning the state's duty to maintain the intersection free of sight obstructions and the duty of the driver to stop in response to the posted stop sign. The driver made a stop immediately before the tragic nighttime accident. However, the driver's blood alcohol level was approximately three times the legal limit. The jury, nevertheless, determined that the driver was not at fault due to the sight obstruction...

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