McCAIN v. HOWELL

No. 2006 CA 1830.

971 So.2d 323 (2007)

Jerry M. McCAIN, Sr. and Margaret B. McCain, Individually and on Behalf of Their Minor Children Jerry M. McCain, Jr. and Colt E. McCain v. Sara A. HOWELL, Louisiana Indemnity Company, State of Louisiana Through Department of Transportation and Development and Allstate Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 14, 2007.


Attorney(s) appearing for the Case

Michael C. Palmintier, Baton Rouge, for Plaintiffs-Appellees Jerry M. McCain, Sr., et al.

Christopher Moody, Hammond, for Defendant-Appellant LA DOTD.

Before: CARTER, C.J., PETTIGREW, and WELCH, JJ.


PETTIGREW, J.

The State of Louisiana, through the Department of Transportation and Development ("DOTD"), appeals from the tria court judgment in favor of plaintiffs, wherein the court apportioned 50 percent of the fault for causing the accident in question to DOTD and awarded plaintiffs damages totaling $7,786,018.73. For the reasons set forth below, we affirm.

FACTS

On May 3, 1992, at approximately 3:00 p.m., Sara A. Howell was operating a 1980...

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