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GOZA v. PARISH OF WEST BATON ROUGE

No. 2008 CA 0086.

21 So.3d 320 (2009)

Jerry GOZA and Gladys P. Goza v. PARISH OF WEST BATON ROUGE, State of Louisiana and ABC Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Opinion Granting Rehearing for Limited Purpose September 9, 2009.

Attorney(s) appearing for the Case

Michael C. Palmintier, Baton Rouge, LA, for Plaintiffs/Appellees, Jerry and Gladys P. Goza.

James D. "Buddy" Caldwell, Attorney General, John H. Ayres, III, Assistant Attorney General, Baton Rouge, LA, for Defendant/Appellant, Louisiana Department of Transportation and Development.

Before GUIDRY, GAIDRY, and WELCH, JJ.

GUIDRY, J.

The State of Louisiana, through the Department of Transportation and Development (DOTD), appeals a jury verdict and a judgment notwithstanding the verdict (JNOV) rendered in this matter. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On February 11, 1996, Jerry Goza attended a Mardi Gras parade with his wife, Gladys P. Goza, in Addis, Louisiana, where he consumed at least one or two beers. Following the parade, Mr...

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