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FOSTER v. UNOPENED SUCCESSION OF SMITH

No. 38,386-CA.

874 So.2d 400 (2004)

Tommy FOSTER, Plaintiff-Appellee, v. UNOPENED SUCCESSION OF Lester Glenn SMITH, et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 20, 2004.

Attorney(s) appearing for the Case

Louisiana Department of Justice, By: James E. Calhoun, Assistant Attorney General, for Appellant.

Herman A. Castete, for Appellee, Tommy Foster.

Michael J. Fontenot, Monroe, for Appellee, Kwik Check of Winnfield, Inc. d/b/a Best Western Motel of Winnfield and the Unopened Succession of Lester Glenn Smith.

Before WILLIAMS, CARAWAY and MOORE, JJ.

WILLIAMS, Judge.

The defendant, State of Louisiana, Department of Transportation and Development (DOTD), appeals a judgment in favor of the plaintiff, Tommy Foster. The trial court assessed 70% fault to DOTD for causing the accident, 15% fault to the defendant, Unopened Succession of Lester Glenn Smith ("Succession of Smith") and 15% fault to plaintiff. The court awarded plaintiff damages of $19,970.37, an amount reflecting the parties' proportional fault. For the...

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