SIMMS v. PROGRESSIVE INS. CO.

No. 38,804-CA.

883 So.2d 473 (2004)

Sara SIMMS and Sidney Simms, Plaintiffs-Appellees v. PROGRESSIVE INSURANCE COMPANY, Charles Williamson, and State of Louisiana through the Department of Transportation and Development, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 21, 2004.


Attorney(s) appearing for the Case

Hulse & Wanek by John Hulse, IV, Cook, Yancey, King & Galloway by Kenneth Mascagni, Shreveport, for Appellant Progressive Ins. Co.

Cook, Yancey, King & Galloway by Kenneth Mascagni, Shreveport, for Appellant Charles Williamson.

Pettiette, Armand, Dunkelman, Woodley & Byrd by Robert Dunkelman, Shreveport, Counsel for Intervenor Appellant La. Home Builders Association Self-Insurers Fund.

Campbell, Campbell & Marvin by John C. Campbell, Minden, Unglesby, Koch & Reynolds by Lewis Unglesby, Baton Rouge, for Appellees Sara Simms and Sidney Simms.

Before BROWN, STEWART and GASKINS, JJ.


STEWART, J.

This is a suit for damages by Sara Simms, a pedestrian who was struck by a vehicle driven by Charles Williamson. The jury allocated fault between Simms and Williamson at forty-five percent and fifty-five percent, respectively, and awarded Simms general damages totaling $897,000, to be reduced by her percentage of fault. Simms' husband received an award for loss of consortium in the amount of $103,000. Williamson and his insurers appealed. For the following...

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