Belinda FORBES, individually and as the Natural Tutrix and Administratrix of the Estate of her Minor Child, Joshua Forbes
v.
Rodney COCKERHAM, State of Louisiana, Wayne Sonnier, Patterson Insurance Company, East Baton Rouge City-Parish Government and Dixie Electric Membership Corporation
George Forbes, individually and as Parent and Administrator of the Estate of his Minor Child, Joshua Forbes
v.
Wade Sonnier, Rodney Cockerham, State of Louisiana, Patterson Insurance Company, East Baton Rough City-Parish Government and Dixie Electric Membership Corporation.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
January 21, 2009.
Rehearing Denied March 6, 2009.
Attorney(s) appearing for the Case
Deutsch, Kerrigan & Stiles, Robert Emmett Kerrigan, Jr., Isaac Harrington Ryan, New Orleans, for Applicant (2008-C-0762).
Orrill, Cordell & Beary, Gary Barkley Roth, R. Ray Orrill, Jr., New Orleans; James D. Caldwell, Attorney General, Stacey Moak & Associates, Stacey Allen Moak, Special Assistant Attorney General; Christopher Aaron Mason, Andrew Walker Ralston, Christopher Wayne Stidham, James Leslie Hillburn; Gainsburgh, Benjamin, David, Meunier & Warshauer, Irving Jay Warshauer; Gibson Gruenert, Jason Blake Boudreaux, Lafayette; The Juneau Law Firm, Peter Brian Derouen; Rodney Cockerham, In Proper Person, for Respondent (2008-C-0762).
James D. Caldwell, Attorney General, Stacey Moak & Associates, Stacey Allen Moak, Special Assistant Attorney General, Christopher Aaron Mason, Andrew Walker Ralston, Christopher Wayne Stidham, James Leslie Hillburn, for Applicant (2008-C-0770).
Deutsch, Kerrigan & Stiles, Robert Emmett Kerrigan, Jr., Isaac Harrington Ryan, New Orleans; Orrill, Cordell & Beary, Gary Barkley Roth, R. Ray Orrill, Jr., New Orleans; Gainsburgh, Benjamin, David, Meunier & Warshauer, Irving Jay Warshauer; Gibson Gruenert, Jason Blake Boudreaux, Lafayette; The Juneau Law Firm, Peter Brian Derouen; Rodney Cockerham, In Proper Person, for Respondent (2008-C-0770).
Bruce Campbell Dean, Metairie, for Louisiana Association for Justice, as Amicus Curiae.
Supreme Court of Louisiana.
TRAYLOR, Justice.*
Joshua Forbes was injured when the car he was riding in as a passenger left Greenwell Springs Road ("Highway 37"), traveled into a ditch and struck trees. A jury found the driver of the car to be 60% at fault for the accident; and the State of Louisiana, through the Department of Transportation and Development ("DOTD") to be 40% at fault for the accident. The trial court granted the DOTD's motions for judgment notwithstanding...
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