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WINGFIELD v. STATE EX REL. DOTD

Nos. 2003 CA 1740, 2003 CA 1741.

879 So.2d 766 (2004)

Gordean Adella WINGFIELD, Individually and as Guardian and Conservator of the Estate of Her Major Son, Kenny Clark v. STATE of Louisiana through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al. Jackie Murray, Sharon Ray Rovner, Ivy J. Wills as Legal Guardian and Attorney for Joseph Edward Wingfield and Joseph Edward Wingfield v. State of Louisiana, through the Department of Transportation and Development, et al.

Court of Appeal of Louisiana, First Circuit.

May 14, 2004.

Attorney(s) appearing for the Case

Charles R. Moore, J.E. Cullens, Jr., Baton Rouge, Counsel for Plaintiffs-Appellees Gordean Adella Wingfield, et al.

Richard G. Creed, Jr., Robert E. Kleinpeter, Baton Rouge, Counsel for Plaintiffs Jackie Murray, et al.

Stacey Moak, Douglas M. Chapoton, Baton Rouge, Counsel for Defendant-Appellant State of Louisiana Through the Department of Transportation and Development.

Isaac H. Ryan, Robert E. Kerrigan, David F. Bienvenu, Nathan L. Schrantz, New Orleans, Counsel for Defendant National Union Fire Insurance Company of Pittsburgh, PA.

Before: FOIL, FITZSIMMONS, and GAIDRY, JJ.

FITZSIMMONS, J.

On August 6, 1994, a tragic and fatal accident occurred west-bound on the I-10 approach to the Mississippi River Bridge in Baton Rouge, Louisiana. An eighteen-wheeler, driven by Kenneth Clark, hit the guard rail, jackknifed, and rolled over the railing onto a highway below the west-bound interstate highway. The only passenger in the truck, Jack Ray Wingfield, was killed. The driver, Mr. Clark, was injured and entered a permanent unresponsive state...

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