Richard v. Bailey

Louisiana Court of Appeal

Richard v. Bailey

621 So. 2d 1188, 1993 La. App. LEXIS 2507, 1993 WL 236687

CourtLouisiana Court of Appeal

DecidedJune 30, 1993

DocketNo. 92-1179

StatusPublished

This text of 621 So. 2d 1188 (Richard 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

Richard v. Bailey, 621 So. 2d 1188, 1993 La. App. LEXIS 2507, 1993 WL 236687 (La. Ct. App. 1993).

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Opinion

WILLIAM A. CULPEPPER, Judge Pro Tem.

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, and the State, Department of Public Safety and Corrections. Plaintiff Richard’s claims against them are dismissed. The judgment is amended to assess fault as follows: Stephen S. Bailey — 65%; Antonial K. Miller — 20%; third persons (non-parties) — 13%; Anthony Shane Richard — 2%.

The quantum of the trial court’s award of $3500 damages is affirmed. Accordingly, the judgment is amended to award $577.21 to Anthony Shane Richard and against Antonial K. Miller only.

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

Costs in the trial court and of this appeal are assessed equally against the defendant, Antonial K. Miller, and Anthony Shane Richard.

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

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WILLIAM A. CULPEPPER, Judge Pro Tem.

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, and the State, Department of Public Safety and Corrections. Plaintiff Richard’s claims against them are dismissed. The judgment is amended to assess fault as follows: Stephen S. Bailey — 65%; Antonial K. Miller — 20%; third persons (non-parties) — 13%; Anthony Shane Richard — 2%.

The quantum of the trial court’s award of $3500 damages is affirmed. Accordingly, the judgment is amended to award $577.21 to Anthony Shane Richard and against Antonial K. Miller only.

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

Costs in the trial court and of this appeal are assessed equally against the defendant, Antonial K. Miller, and Anthony Shane Richard.

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

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Bluebook (online)

621 So. 2d 1188, 1993 La. App. LEXIS 2507, 1993 WL 236687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-v-bailey-lactapp-1993.

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