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JENKINS v. STATE EX REL. DOTD

No. 2006 CA 1804.

993 So.2d 749 (2008)

Shad Everett JENKINS and Jennifer Ann Casanova Jenkins, Individually, and on Behalf of their Minor Children, Dillon Shad Jenkins, Baleigh Victoria Jenkins, and their Two Unborn Sons v. STATE of Louisiana, through The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Town of Franklinton, Louisiana, The Franklinton Police Department, and Clarendon Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 25, 2008.

Attorney(s) appearing for the Case

Ronnie G. Penton, Bogalusa, Louisiana, for Plaintiffs/Appellees, Shad Everett Jenkins and Jennifer Ann Casanova Jenkins.

Charles C. Foti, Jr., Attorney General by William S. Culver, Jr., New Orleans, Louisiana, for Defendant/Appellant, State of Louisiana, through The Department of Transportation and Development.

Before KUHN, GAIDRY, and WELCH, JJ.

GAIDRY, J.

The State of Louisiana, through the Louisiana Department of Transportation and Development (DOTD), appeals a judgment on a jury verdict, finding it liable to the plaintiffs, Shad E. Jenkins and Jennifer C. Jenkins, for damages resulting from a motor vehicle accident on a state highway. For the following reasons, we reverse and amend the judgment in part and affirm it in all other respects.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

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