Maxwell v. State, Department of Transportation & Development

Full title: SHEILA MAXWELL, ET AL., PLAINTIFFS-APPELLEES, v. STATE OF LOUISIANA…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Dec 10, 1986

499 So. 2d 690 (La. Ct. App. 1986)

Opinion

No. 86-53.

December 10, 1986.

Appeal from 15th Judicial District Court, Parish of Lafayette; Lucien C. Bertrand, Jr., Judge.

Stacey Moak, of Cicero and Moak, Baton Rouge, for defendant-appellant.

Timothy Jones, Onebane and Associates, Chris G. Robbins, Lafayette, Hollier and Ringuet, Reginald J. Ringuet, Lafayette, for plaintiffs-appellees.

Before GUIDRY, DOUCET and YELVERTON, JJ.

YELVERTON, Judge.

For the reasons given in Maxwell v. State, through the Department of Transportation Development, 499 So.2d 681 (La.App. 3rd Cir. 1986), the judgment of the trial court finding the deceased 70 percent at fault and the state 30 percent at fault in causing the accident is affirmed. Also, the judgment awarding (1) Sheila Maxwell, as tutrix of the minor child Donald, the sum of $30,000; (2) Jack Maxwell, Jr. the sum of $9,000; and, (3) Shelly Maxwell the sum of $9,000 is affirmed. Half the appellate costs shall be paid by plaintiffs and half by defendant.

AFFIRMED.