WHITEHEAD v. MUNICIPALITY OF FERRIDAY

No. 05-756.

922 So.2d 1234 (2006)

Eddie WHITEHEAD, et al. v. The MUNICIPALITY OF FERRIDAY, et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 22, 2006.


Attorney(s) appearing for the Case

Antonio Marcell Clayton, Dennis Coleman Weber, Attorneys at Law, Port Allen, Louisiana, for Plaintiff/Appellee, Wanda Baker Smith.

Neil D. Sweeney, Sweeney & Miller, Baton Rouge, Louisiana, for Plaintiffs/Appellants/Appellees, Allen Whitehead, Paula Whitehead Brazil, James Whitehead, Brenda Whitehead, and Eddie Whitehead.

Stacy Christopher Auzenne, Auzenne Law Firm, L.L.C., Randall Brian Keiser, Keiser Law Firm, L.L.C., Alexandria, Louisiana, for Defendants/Appellants, Terrance A. Williams, and Town of Ferriday.

Lisa Coleman Lee, Attorney for Department of Health & Hospitals, Baton Rouge, Louisiana, for Intervenor, State of Louisiana, Department of Health & Hospitals.

Court composed of MARC T. AMY, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges.


SULLIVAN, Judge.

For the reasons discussed in the companion case in this consolidated matter, Smith v. The Municipality of Ferriday, 05-755 (La.App. 3 Cir. 2/1/06), 922 So.2d 1222, the trial court's assessment of fault is reversed and fault is assessed 100% to Defendants; the judgment is amended to provide that Defendants are solidarily liable to the Whiteheads; the general damage award of $600,000.00 to Ms. Smith is affirmed...

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