EVERHARDT v. LOUISIANA DOTD

No. 2007-CA-0981.

978 So.2d 1036 (2008)

Doris EVERHARDT, Individually and as Administratrix of the Estate of Carroll Everhardt v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fourth Circuit.

February 20, 2008.


Attorney(s) appearing for the Case

Salvador E. Gutierrez, Jr., Mary Ann Hand, Gutierrez & Hand, Chalmette, LA, for Doris Everhardt, Penny Holden, and Tina Everhardt Morales.

Charles C. Foti, Jr., Attorney General, William S. Culver, Jr., Assistant Attorney General, Louisiana Department of Justice, Litigation Division, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, Jr.).


MAX N. TOBIAS, JR., Judge.

In this wrongful death action, the State of Louisiana, Department of Transportation and Development ("DOTD"), appeals from a judgment finding it 30% at fault for causing and/or contributing to an accident that resulted in the untimely death of Carroll Everhardt. After a review of the record, we affirm the trial court's judgment.

On 2 July 1998, the decedent, Carroll Everhardt ("Carroll"), was operating a dump truck on Louisiana Highway...

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