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COLE v. STATE, DEPT. OF PUBLIC SAFETY

No. 2003 CA 2269.

886 So.2d 463 (2004)

Bradley COLE, Individually and on Behalf of His Minor Child, Leah Ashton Cole and Denise Cole v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.

Court of Appeal of Louisiana, First Circuit.

Writ Denied October 29, 2004.

Attorney(s) appearing for the Case

Christopher C. McCall, Robert C. McCall, Lake Charles, Counsel for Plaintiff/Appellee Bradley Cole, individually and on behalf of his minor child, Leah Ashton Cole and Denise Cole.

John G. Morgan, L. Adrienne Dupont, W. Wayne Gaudin, Jr., Baton Rouge, Counsel for Defendant/Appellant State of Louisiana, Department of Public Safety and Corrections.

Before: PETTIGREW, DOWNING and McCLENDON, JJ.

DOWNING, J.

The State of Louisiana, Department of Public Safety and Corrections (DPSC) appeals an adverse quantum judgment resulting from damages suffered by one of its prison guards, Bradley Cole, from an intentional battery inflicted during a training exercise. For the following reasons, we affirm.

PROCEDURAL HISTORY

This court had remanded the matter to the trial court in an unpublished opinion, Cole v. State, Through the Dept. of Public...

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