TASSIN v. BENDEL

Nos. 2007-CA-1119, 2007-CA-1120, 2007-CA-1121, 2007-CA-1122, 2007-CA-1123, 2007-CA-1124, 2007-CA-1125, 2007-CA-1126, 2007-CA-1127, 2007-CA-1128, 2007-CA-1129, 2007-CA-1130, 2007-CA 1131, 2007-CA-1132, 2007-CA-1133, 2007-CA-1134, 2007-CA-1135, 2007-CA-1136, 2007-CA-1137, 2007-CA-1138, 2007-CA-1139, 2007-CA-1140, 2007-CA-1141, 2007-CA-1142, 2007-CA-1143, 2007-CA-1144, 2007-CA-1145, 2007-CA-1146, 2007-CA-1147, 2007-CA-1148, 2007-CA-1149, 2007-CA-1150, 2007-CA-1151, 2007-CA-1152, 2007-CA-1153, 2007-CA-1154, 2007-CA-1155, 2007-CA-1156, 2007-CA-1498.

989 So.2d 217 (2008)

Lelia Marie TASSIN, Wife of/and Irving C. Tassin, Jr. v. Frank BENDEL, Custom Bus Charters, Inc., Represented by its President, Donna Begovich, Casino Magic and The Insurers of Frank Bendel, Custom Bus Charters, Inc. and Casino Magic. Bernard Williams, Individually and on Behalf of the Estate of his Mother, Jewel Williams, Deceased; as Well as on Behalf of his Minor Sister, Orrionne Williams v. Custom Bus Charters, Inc.; Reliance Insurance Company; Frank Bedell; Casino Magic Corporation; and ABC Insurance Company (as Insurer of Casino Magic). Anton Zorick v. Custom Bus Charters, Inc.; Reliance Insurance Company; Frank Bedell; Casino Magic Corporation; and ABC Insurance Company (as Insurer of Casino Magic). Robert Torres, Sr., Robert Torres, Jr., Barry Paul Torres and Brian Joseph Torres, individually and on behalf of the Estate of Emily A. Torres v. Frank Bedell, Custom Bus Charters, Inc., Represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company; Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc., and Casino Magic Corporation. Hilda Maria Alexander v. Frank Bedell, Custom Bus Charters, Inc., ABC Insurance Company, Casino Magic of Louisiana Corp., and XYZ Insurance Company. Lucien J. Gauff, Jr., Lucien J. Gauff, III, Chermain Gauff Guerin and Errol M. Gauff, individually and on behalf of The Estate of Shirley Gauff v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc. and Casino Magic Corporation. Gloria Hotard, Judy Lafontaine and Joseph Oubre, Sr., individually and on behalf of the Estate of Their Mother, Bellie Elfer v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc. and Casino Magic Corporation. Lois Ponville, Wife of/and Milton Ponville v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc. and Casino Magic Corporation. Deborah A. Scanlan, individually and on behalf of the Estate of her Mother, Dolly Sposito v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc. and Casino Magic Corporation. Barbara J. Gibson, and her Children, Thomas J. Bryant, Pallie Miller, Eula Ordoyne, William Bryant, Jr. and Brenda Samrow v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc. and Casino Magic Corporation. Hubert Remondet, Jr., Sandra Remondet and Johnny Remondet, Individually and on behalf of the Estate of their Mother, Mildred Remondet v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and The Insurers of Custom Bus Charters, Inc., and Casino Magic Corporation. Barbara Gibson v. Frank Bendel, Custom Bus Charters, Inc., represented by its President, Donna Begovich, Casino Magic, and The Insurers of Frank Bendel, Custom Bus Charters, Inc. and Casino Magic. Joseph Labranche, and his Son, Carl Labranche v. Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation, and The Insurers of Custom Bus Charters, Inc., and Casino Magic Corporation. Stacy Tassin v. Frank Bedell; Custom Bus Charters, Inc.; Reliance Insurance Company; and Casino Magic Corporation. Earline Gueret and Joseph Gueret v. Frank Bedell; Custom Bus Charters, Inc.; Reliance Insurance Company; and Casino Magic Corporation. Mary Townson v. Frank Bedell; Custom Bus Charters, Inc.; Reliance Insurance Company; and Casino Magic Corporation. Aline Gueret v. Frank Bedell; Custom Bus Charters, Inc.; Reliance Insurance Company; and Casino Magic Corporation. Kathy Tassin and George Tassin v. Frank Bedell; Custom Bus Charters, Inc.; Reliance Insurance Company; and Casino Magic Corporation. Joan Marie George v. Custom Bus Charters, Inc.; Reliance Insurance Company; Frank Bedell; Casino Magic Corporation; and Hartford Insurance Company. Joan Marie George, individually and on behalf of the Estate of her Mother, Catherine Olivia Humphreys, Deceased v. Custom Bus Charters, Inc.; Reliance Insurance Company; Frank Bedell, Jr.; Casino Magic Corporation; and Hartford Insurance Company. Sandra Agee-Mancuso, Lorraine Agee-Wright, Mandy Agee-Wolf, Jessee Agee and Betty Mae Agee-Dutter, individually and on behalf of the estate of their Mother, Agnes Ivory Rose Agee, Deceased. v. Custom Bus Charters, Inc., Reliance Insurance Company, Frank Bedell, Casino Magic Corporation, and The State of Louisiana, through The Department of Transportation. William Brenner, II, individually and on behalf of the estate of Aurora Rios v. Reliance Insurance Company, Custom Bus Charters, Inc., Frank Bedell, Jr., Casino Magic Corporation, ABC Insurance Company, and State of Louisiana, through The Department of Transportation and Development. Darrell Mathieu, Sr. and Rosana Mathieu Garnett v. Frank M. Bedell, Custom Bus Charters, Inc., Reliance Insurance Company, Casino Magic Corporation and ABC Insurance Company. Theresa Victor, individually and on behalf of the Estate of Timothy Victor v. Custom Bus Charters, Inc.; Reliance Insurance Company; Frank Bedell; Casino Magic Corporation; ABC Insurance Company (as Insurer of Casino Magic Corporation); and State of Louisiana, through The Department of Transportation. Dorothy Borne v. Frank Bedell, Custom Bus Charters, Inc., Represented by its President, Donna Begovich, and their Insurance Company, Reliance Insurance Company, Casino Magic Corporation and their Insurers, The Travelers Insurance Company and Hartford Insurance Company. Lawrence Lee Cook v. Frank M. Bedell, Custom Bus Charters, Inc., Reliance Insurance Company, Casino Magic Corporation and ABC Insurance Company. Josephine Bruce, individually and on behalf of the Estate of her Mother, Rose L. Streva v. Custom Bus Charters, Inc., Reliance Insurance Company, Frank Bedell, Casino Magic Corporation and ABC Insurance Company. Pearl V. Badeaux v. Custom Bus Charters, Inc., Frank Bedell, Reliance Insurance Company, Casino Magic Corporation and ABC Insurance Company. Anna Belle Stein Ockman, et al v. Custom Bus Charter, Inc., Reliance Insurance Company, Frank Bedell, and Department of Transportation. Madeline Deeters Campagna and Alberta Deeters Bonnin v. The Succession of Frank Bedell, Custom Bus Charters, Inc., represented by its President, Donna Begovich, and its Insurance Company, Reliance Insurance Company, Casino Magic Corporation, et al. Don Gauthier, individually and on behalf of the estate of his Mother, Rita Guillard v. Frank Bedell, Jr.; Custom Bus Charters, Inc., their Insurance Company, Reliance Insurance Company; Casino Magic Corporation, and its Insurer, Hartford Insurance Company; The State of Louisiana through The Department of Transportation. Tim Richard and Michael Richard v. Custom Bus Charters, Reliance Insurance Company, Casino Magic. Jessie Agee and Clarence Agee v. Reliance Insurance Company, Custom Bus Charter, Inc., and Department of Transportation and Development. Edward Farrell v. Frank Bedell, Custom Bus Charters, Inc., et al. Deborah Johnston, Linda Johnston Saber, Carl Doisher, Jimmie Doisher and Ennis Doisher, individually and on behalf of the estates of their Respective Parents, Calvin Dwight Johnston and Annie Dell Doisher Johnston v. State of Louisiana, through the Department of Transportation and Development. Lorraine Agee Wright, individually and on behalf of the estate of Her Mother, Agnes Ivory Rose Agee v. Reliance Insurance Company, Custom Bus Charters, Inc., Estate of Frank Bedell, Mardi Gras Casino Corporation, Travelers Insurance Company, Hartford Insurance Company, Royal Insurance Company, The State of Louisiana, et al. Keith J. Cambre v. State of Louisiana, through The Department of Transportation and Development. Gloria Dechara v. The State of Louisiana, Dept. of Transportation and Development, Mardi Gras Casino Corp., d/b/a Casino Magic, Hartford Insurance, Royal Insurance Company, and Travelers Insurance Company. Susan Guidry and Nancy Desselle, individually and on behalf of their Deceased Parents, Arto Marse, Jr., and Juanita Marse v. Mrs. Frank Bedell as the Succession Representative of Frank Bedell, Custom Bus Charters, Inc., Reliance Insurance Company, Casino Magic Corporation and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 9, 2008.


Attorney(s) appearing for the Case

Daniel E. Becnel, Jr., Darryl J. Becnel, The Law Office of Daniel E. Becnel, Reserve, LA, Robert M. Becnel, Becnel, Landry & Becnel, LaPlace, LA, for Lelia Marie Tassin, et al.

Terry B. Loup, Morris Bart, P.L.C., New Orleans, LA, for Stacy Tassin, Earline Gueret, Joseph Gueret, Mary Townson, Aline Gueret, Kathy Tassin and George Tassin.

Kenneth C. Fonte, Golden & Fonte, Metairie, LA, for State of Louisiana, through The Department of Transportation and Development.

(Court composed of Judge JAMES F. McKAY, Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR., Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD.).


EDWIN A. LOMBARD, Judge.

The State of Louisiana, through the Department of Transportation and Development ("DOTD"), appeals a judgment by the trial court finding it fifty percent (50%) at fault in a one-vehicle bus accident. For the following reasons, we affirm the trial court's judgment.

Relevant Facts

This matter arose out of a catastrophic bus accident that occurred on May 9, 1999, leaving twenty-two of the forty-three passengers dead,...

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