Ortego v. Bailey

Louisiana Court of Appeal

Ortego v. Bailey

621 So. 2d 1192, 1993 La. App. LEXIS 2513, 1993 WL 237684

CourtLouisiana Court of Appeal

DecidedJune 30, 1993

DocketNo. 92-1185

StatusPublished

Cited by1 cases

This text of 621 So. 2d 1192 (Ortego v. Bailey) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ortego v. Bailey, 621 So. 2d 1192, 1993 La. App. LEXIS 2513, 1993 WL 237684 (La. Ct. App. 1993).

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Opinion

WILLIAM A. CULPEPPER, Judge Pro Tern.

This is a companion suit to Miller v. Bailey, et al., 621 So.2d 1174 (La.App. 3d Cir.1993), No. 92-1178 on the docket of this court. For the reasons assigned in Miller, the judgment of the trial court is reversed in part to assess -0- fault to the State, Department of Transportation and Development, the State, Department of Public Safety and Corrections, and Anthony Shane Richard; plaintiff Ortego’s claims against them are dismissed. The judgment is amended to assess fault as follows: Stephen S. Bailey — 50%; Antonial K. Miller— 20%; plaintiff Tina Marie Ortego — 17%; third persons (non parties) — 13%.

The quantum of the trial court’s award of $17,500 damages is affirmed. Accordingly, the judgment is amended to award $2886.05 to Tina Marie Ortego and against Antonial K. Miller.

In all other respects, the judgment of the trial court is affirmed.

Costs in the trial court and of this appeal are assessed equally, one-third each, to LIGA, to Antonial K. Miller and to Tina Marie Ortego.

REVERSED in PART; AFFIRMED in PART; AMENDED and RENDERED.

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WILLIAM A. CULPEPPER, Judge Pro Tern.

This is a companion suit to Miller v. Bailey, et al., 621 So.2d 1174 (La.App. 3d Cir.1993), No. 92-1178 on the docket of this court. For the reasons assigned in Miller, the judgment of the trial court is reversed in part to assess -0- fault to the State, Department of Transportation and Development, the State, Department of Public Safety and Corrections, and Anthony Shane Richard; plaintiff Ortego’s claims against them are dismissed. The judgment is amended to assess fault as follows: Stephen S. Bailey — 50%; Antonial K. Miller— 20%; plaintiff Tina Marie Ortego — 17%; third persons (non parties) — 13%.

The quantum of the trial court’s award of $17,500 damages is affirmed. Accordingly, the judgment is amended to award $2886.05 to Tina Marie Ortego and against Antonial K. Miller.

In all other respects, the judgment of the trial court is affirmed.

Costs in the trial court and of this appeal are assessed equally, one-third each, to LIGA, to Antonial K. Miller and to Tina Marie Ortego.

REVERSED in PART; AFFIRMED in PART; AMENDED and RENDERED.

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Bluebook (online)

621 So. 2d 1192, 1993 La. App. LEXIS 2513, 1993 WL 237684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortego-v-bailey-lactapp-1993.

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