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GUTIERREZ v. LOUISIANA DEPT. OF TRANSP.

No. 2011 CA 1774.

92 So.3d 380 (2012)

Melissa GUTIERREZ and Fernando Gutierrez, individually and on behalf of his Minor Children, Dustin, Evan, Selah and Haley v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT and the Parish of Ascension.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 4, 2012.

Attorney(s) appearing for the Case

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.

Daniel J. Balhoff , Randi S. Ellis , Steven R. Giglio , Baton Rouge, LA, for Plaintiffs/Appellees, Melissa Gutierrez and Fernando Gutierrez, individually and on behalf of his minor children, Dustin, Evan, Selah and Haley.

Before CARTER, C.J., PARRO and HIGGINBOTHAM, JJ.

CARTER, C.J.

In this action for damages arising out of an automobile accident, the defendant, the Louisiana Department of Transportation and Development (DOTD), appeals a judgment of the trial court finding DOTD partially at fault and awarding damages to the plaintiffs. Plaintiffs, Melissa Gutierrez and Fernando Gutierrez, individually and on behalf of his minor children, Dustin, Evan, Selah, and Haley, have answered the appeal, challenging the percentage of fault...

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