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BROWN v. CITY OF MADISONVILLE

No. 2007 CA 2104.

5 So.3d 874 (2008)

Michael BROWN v. CITY OF MADISONVILLE, Covington Paving, Wallace Poole, and Louisiana Department of Transportation and Development, Office of Highways.

Court of Appeal of Louisiana, First Circuit.

Writ Denied February 20, 2009.

Attorney(s) appearing for the Case

Christopher C. McCall, Robert C. McCall, Lake Charles, LA for Plaintiff/1st Appellant/2nd Appellee Michael Brown.

Charles C. Foti, Jr., Attorney General, William S. Culver, Jr., Cherie R. Huffman, Assistant Attorney Generals, New Orleans, LA, for Defendant/2nd Appellant/1st Appellee Louisiana Department of Transportation and Development.

Before WHIPPLE, KUHN, GUIDRY, DOWNING, and HUGHES, JJ.

GUIDRY, J.

A truck driver appeals the allocation of fault and general damages awards rendered by the trial court pursuant to a jury verdict for an accident in which the trailer of his 18-wheeler collided with an overhanging tree limb while traveling down a state highway. The State of Louisiana, through the Department of Transportation and Development (DOTD), separately appeals the trial court's judgment finding it liable and the jury's award of special damages.

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