FOR IMMEDIATE NEWS RELEASE  

NEWS RELEASE # 039

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 23rd day of April, 2004, are as follows:

BY CALOGERO, C.J.:

2003-KK-2815       STATE OF LOUISIANA v. ARDIS ALLEN (Parish of Bossier)

The court of appeal judgment is therefore reversed, and the matter is remanded to the district court for further proceedings.

REVERSED AND REMANDED

Judge Fred S. Sexton, retired, sitting ad hoc for Associate Justice Chet D. Traylor, recused.

BY TRAYLOR, J.:

2003-C -1747       ANNETTE TOSTON, AS CURATRIX OF SYVELLA TOSTON

AND TUTRIX OF TYRA TOSTON v. JAMES D. PARDON , NELSON R. CARR, PROGRESSIVE SECURITY INSURANCE COMPANY, ILLINOIS NATIONAL INSURANCE COMPANY, STATE OF LOUISIANA, THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of East Carroll)

For the foregoing reasons, we affirm the decision of the court of appeal insofar as it found Pardon's negligence was in part a cause-in-fact of the accident. However, we reverse the court of appeal's failure to assign fault to DOTD, and reallocate fault accordingly. The DOTD and Pardon are determined to be at fault, 80% and 20% respectively. The case is remanded to the district court to confect appropriate monetary judgment based upon the fault percentages.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

VICTORY, J., dissents and assigns reasons.

WEIMER, J., dissents for the reasons assigned by Victory, J.

BY KNOLL, J.:

2003-C -1488       KAREN J. RICHARD, INDIVIDUALLY AND ON BEHALF OF

HER MINOR CHILD, EMILY RICHARD v. MICHAEL A. HALL , SCREENING SYSTEMS INTERNATIONAL, LOUISIANA DIVISION, INC., ALLSTATE INSURANCE COMPANY AND EMPIRE INSURANCE COMPANY (Parish of E. Baton Rouge)

For the foregoing reasons, the judgments of the district court and the appellate court are affirmed.

AFFIRMED.

JOHNSON, J., dissents.

VICTORY, J., concurs in the result.