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STEWART v. STATE EX REL. DEPT. OF TRANSP. AND DEVE.

No. 2008 CA 0772.

9 So.3d 957 (2009)

Karen F. STEWART, and Josephine Foreman and I. David Foreman, Individually and on Behalf of the Minor Child, Michael Foreman, Deceased v. The STATE of Louisiana, through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Karen G. Sherman and Imperial Fire and Casualty Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 4, 2009.

Attorney(s) appearing for the Case

Charles S. Long, Donaldsonville, Louisiana, Franklin G. Shaw, New Orleans, Louisiana, for Plaintiff/Appellee, Karen F. Stewart, and Josephine Foreman and I. David Foreman, Individually and On behalf of the Minor Child, Michael Foreman, Deceased.

John H. Ayres, III, Assistant Attorney General, Baton Rouge, Louisiana, for Defendant/Appellant, State of Louisiana, Department of Transportation & Development.

Before PETTIGREW, McDONALD, and HUGHES, JJ.

McDONALD, J.

The State Department of Transportation and Development (DOTD) appeals a jury verdict finding them 47% at fault for damages incurred in an automobile accident in which a young man was killed. For the following reasons, the judgment is reversed.

FACTS

Shortly after 11:30 p.m. on Saturday, April 3, 1999, the vehicle that Karen Stewart was driving, heading south on Highway 30 in Iberville Parish, was struck by a vehicle operated by Karen...

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