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CLARKSTON v. LA. FARM BUREAU CAS. INS. CO.

Nos. 2007-CA-0158, 2007-CA-1282.

989 So.2d 164 (2008)

James CLARKSTON, Individually, and as Natural Tutor of his Minor Son, Julius Clarkston v. LOUISIANA FARM BUREAU CASUALTY INSURANCE COMPANY, Gina Evans, State Farm Mutual Automobile Insurance Company, and The State of Louisiana, through the Department of Transportation and Development.

Court of Appeal of Louisiana, Fourth Circuit.

July 2, 2008.

Attorney(s) appearing for the Case

Stevan C. Dittman, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., New Orleans, LA, for Plaintiff/Appellee, James Clarkson, Individually, and as Natural Tutor of his Minor Son, Julius Clarkson.

Charles C. Foti, Jr., Attorney General, Pauline G. Feist, Assistant Attorney General, La. Dept. of Justice, Lit. Division, New Orleans, LA, for the State of Louisiana Through the Department of Transportation and Development.

(Court composed of Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME, Judge pro tempore MOON LANDRIEU).

MOON LANDRIEU, Judge Pro Tempore.

In May 1997, Julius Clarkston, who was nine years old at the time, was struck and seriously injured by a vehicle while walking in Lake Providence, Louisiana along Highway U.S. 65. Following a jury trial, the defendant, the State of Louisiana, through the Department of Transportation and Development ("DOTD"), was apportioned twenty-percent (20%) fault based on the finding that the roadway subject of the accident site was unreasonably...

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