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SHILLING v. STATE EX REL. DOT

No. 2005 CA 0172.

928 So.2d 95 (2005)

Jonelle M. SHILLING on Behalf of her Minor Son Christian Taylor SHILLING v. STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 24, 2006.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, E. Wade Shows, Carlos A. Romanach, Ronnie J. Berthelot, Special Assistant Attorney Generals, Baton Rouge, Counsel for Defendant/Appellant Louisiana Department of Transportation and Development.

Leonard Cardenas, III, Baton Rouge, Counsel for Plaintiff/Appellee Jonelle M. Shilling, on behalf of her minor son, Christian Taylor Shilling.

Before: KUHN, GUIDRY, and PETTIGREW, JJ.

GUIDRY, J.

The State of Louisiana, through the Department of Transportation and Development (DOTD), appeals the trial court's judgment, rendered in conformity with a jury verdict, finding it liable for the wrongful death of a driver who was fatally injured when he drove off the roadway into a roadside ditch. The driver's former spouse answered the appeal on behalf of her minor son seeking an increase in the damage award.

FACTS AND PROCEDURAL HISTORY

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