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MONK v. STATE EX REL. DOTD

No. 2005-97.

908 So.2d 688 (2005)

Royce MONK, et al. v. STATE of Louisiana, DOTD. Dana Vezinat, et al. v. State of Louisiana, DOTD. Marlin Lashley, et al. v. State of Louisiana, DOTD. Greg Harmon, et al. v. State of Louisiana, DOTD.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 31, 2005.

Attorney(s) appearing for the Case

Jacques M. Roy, Chris J. Roy, Jr., A.P.L.C., Alexandria, LA, for Plaintiffs/Appellees Marlin and Danny Lashley.

Tony C. Tillman, Leesville, LA, for Plaintiff/Appellee Russel Warren.

Lloyd Keith Milam, DeRidder, LA, for Plaintiffs/Appellees Greg Harmon, et al.

Christian C. Creed, Creed & Creed, Monroe, LA, for Counsel for Plaintiffs/Appellees Dana Vezinat and Megan Warren.

Danial C. Vidrine, Baton Rouge, LA, for Plaintiffs/Appellees Royce Monk, et al.

Eugene A. Ledet, Jr., Leesville, LA, for Plaintiffs/Appellees Royce Monk, et al.

David P. Spence, Alexandria, LA, for Defendant/Appellant State of Louisiana, DOTD.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS and J. DAVID PAINTER, Judges.

COOKS, Judge.

The State of Louisiana, through the Department of Transportation and Development, appeals the judgment of the lower court finding its failure to clear an intersection of weeds and foliage was the sole proximate cause of the automobile accident at issue. It also appeals the damage awards. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

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