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HIMEL v. STATE EX REL. DOTD

No. 04-CA-274.

887 So.2d 131 (2004)

Shelby Joseph HIMEL, Jr., Individually, and as Curator of Sandra Rhodes Himel v. The STATE of Louisiana Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Wal-Mart Stores, Inc., Goodyear Tire & Rubber Company and the Kelly-Springfield Tire Company.

Court of Appeal of Louisiana, Fifth Circuit.

October 12, 2004.

Attorney(s) appearing for the Case

William S. Watkins, James M. Funderburk, Stanwood R. Duval, Duval, Funderburk, Sundbery, Lovell & Watkins, Houma, LA, for Plaintiff/Appellee.

Charles C. Foti, Jr., Attorney General, Baton Rouge, LA, Ronald J. Landry, LaPlace, LA, Nancy A. Miller, Metairie, LA, for Defendant/Appellant.

Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS and WALTER J. ROTHSCHILD.

JAMES L. CANNELLA, Judge.

The Defendant, State of Louisiana, through the Department of Transportation and Development (DOTD), appeals from a judgment of liability and damages in wrongful death and survival actions brought by and on behalf of Sandra Himel, the decedent and her husband and son, Plaintiffs, Shelby Himel, Jr. and Shelby Himel, III. The Plaintiffs also filed a cross-appeal to the trial judge's reduction of the damage award under La.R.S. 13:5106 B(2). We...

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