OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 23rd day
of April, 2004, are as follows:
STATE OF LOUISIANA v.
ARDIS ALLEN (Parish of Bossier)
of appeal judgment is therefore reversed, and
the matter is remanded to the district court for
Fred S. Sexton, retired, sitting ad hoc for Associate
Justice Chet D. Traylor, recused.
-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)
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.
IN PART; REVERSED IN PART; REMANDED.
J., dissents and assigns reasons.
J., dissents for the reasons assigned by Victory,
-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)
foregoing reasons, the judgments of the district
court and the appellate court are affirmed.
J., concurs in the result.