MOSS v. STATE

No. 2007 CA 1686.

993 So.2d 687 (2008)

Julia S. MOSS, Individually and on Behalf of her Deceased Husband, Michael Moss, Caitrin H. Moss, and Sean M. Moss v. STATE of Louisiana and State of Louisiana through the Department of Transportation and Development, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 25, 2008.


Attorney(s) appearing for the Case

William L. Nealy, II, Richard S. Thomas, Baton Rouge, LA, for Plaintiffs-Appellees/Appellants, Julia S. Moss, individually and on behalf of her deceased husband, Michael Moss, Caitrin H. Moss, and Sean M. Moss.

James D. "Buddy" Caldwell1, Attorney General, Ronnie J. Berthelot, Jeffrey K. Cody, Special Assistant Attorneys General, Baton Rouge, LA, for Defendant-Appellant/Appellee, State of Louisiana Through the Department of Transportation and Development.

Travis R. LeBleu, Musa Rahman, Johnson, Stiltner & Rahman, Baton Rouge, LA, for Intervenor-Appellant, Louisiana Workers' Compensation Corp.

Before PARRO, KUHN, and DOWNING, JJ.


PARRO, J.

In this wrongful death and survival action arising out of an automobile accident, the defendant appeals the assignment of 30% fault to it, the plaintiffs appeal the quantum of wrongful death damages awarded, and the intervenor seeks an increase in the amount awarded to it for its workers' compensation lien. We amend the judgment and affirm it as amended.

BACKGROUND

Michael Moss was killed in an...

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