Opinion
No. 27203-CA.
January 31, 1997. Rehearing Denied February 20, 1997.
ORIGINALLY APPEALED FROM THE TWENTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF WEBSTER, NO. 51476; STATE OF LOUISIANA, HONORABLE HARMON DREW, JR., JUDGE.
Walker, Tooke, Perlman Lyons by Jerald L. Perlman, Shreveport, for Appellant.
Gregory J. Barro, Shreveport, for Appellee Roy Lee Thomas.
Sam N. Gregorio, Shreveport, for Appellee Ins. Co. of North America and W.J. Penton Co.
Before NORRIS, BROWN, GASKINS, CARAWAY and PEATROSS, JJ.
The writ application of defendant, Louisiana Department of Transportation and Development, to the supreme court was deferred pending the finality of Kirkland v. Riverwood International USA, Inc., 95-1830 (La. 09/13/96), 681 So.2d 329. Kirkland is now final and the supreme court has remanded the instant case for reconsideration in light of Kirkland.
In Kirkland, the supreme court affirmed our appellate opinion, Kirkland v. Riverwood, 26,741 (La.App. 2d Cir. 06/21/95), 658 So.2d 715.
In the instant case, this court applied the principles and analyzed the factors set forth in Kirkland. Thus, after reconsideration, our original opinion and judgment is maintained. Costs are assessed to the defendant, Louisiana Department of Transportation and Development.
JUDGMENT REINSTATED.