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TENORIO v. AUTOMOTIVE CAS. INS. CO.

Nos. 2004-CA-0393, 2004-CA-1124.

893 So.2d 115 (2005)

Eudoro TENORIO, Maria C. Tenorio and Christina Dierker, on Behalf of her Minor Children, Ricardo H. Tenorio and Angelica M. Tenorio v. AUTOMOTIVE CASUALTY INSURANCE COMPANY, American National Property and Casualty Company, State of Louisiana Through the Department of Transportation and Development, State of Louisiana Through the Department of Public Safety, et al. Eudoro Tenorio, Maria C. Tenorio and Christina Dierker, on Behalf of her Minor Children, Ricardo H. Tenorio and Angelica M. Tenorio v. Automotive Casualty Insurance Company, American National Property and Casualty Company, State of Louisiana Through the Department of Transportation and Development, State of Louisiana Through the Department of Public Safety, et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 5, 2005.

Attorney(s) appearing for the Case

Frank J. D'Amico, Darla D'Amico, Frank J. D'Amico, APLC, and Steven J. Lane, Russ M. Herman, Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, LA, for Eudoro Tenorio, Maria C. Tenorio, Richardo H. Tenorio and Angelica M. Tenorio.

Charles C. Foti, Jr., Attorney General, Raul R. Bencomo, Special Assistant Attorney General, Helen H. Babin, Special Assistant Attorney General, Bencomo and Associates, New Orleans, LA, for State of Louisiana, Department of Transportation and Development.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, and Judge DENNIS R. BAGNERIS SR.).

CHARLES R. JONES, Judge.

The Cross-Appellants, Eudoro Tenorio, et al. ("the Tenorio family"), appeal the April 23, 2003 judgment of the district court finding that the Department of Transportation and Development ("DOTD") was 20% percent at fault in the wrongful death of Carmella A. Tenorio and her son, Julio Tenorio. Alternatively, Cross-Appellee, DOTD, appeals the November 18, 2003 judgment of the district court amending its judgment of April 23, 2003. Specifically...

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