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CASKEY v. MERRICK CONST. CO., INC.

No. 46,886-CA.

86 So.3d 186 (2012)

Robert CASKEY and Kathy Caskey, Plaintiffs-Appellees v. MERRICK CONSTRUCTION CO., INC., and the State of Louisiana through the Department of Transportation and Development, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

March 14, 2012.

Attorney(s) appearing for the Case

Theus, Grisham, Davis & Leigh, Monroe, LA, by Phillip D. Myers , for Appellants.

Johnson & Placke, L.L.P., West Monroe, LA, by Allan L. Placke , for Appellees.

Before BROWN, CARAWAY and DREW, JJ.

BROWN, Chief Judge.

While driving home in the early morning hours of July 1, 2004, plaintiff, Robert Caskey, hit a tree in the road that had fallen from a road construction servitude adjacent to the roadway. Caskey and his wife Kathy filed suit against Merrick Construction Co., Inc., the contractor which had been removing trees from the location. A jury assessed Caskey with 79% fault and Merrick Construction with 21% fault and awarded damages. The trial court granted...

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