Wagley v. McDaniel, 398 So. 2d 93

Wagley v. McDaniel

398 So. 2d 93 | La. Ct. App. | 1981

Dissenting Opinion

SWIFT, Judge,

dissenting.

I respectfully dissent as to the amount awarded the plaintiff, David R. Wagley, in the judgment against the defendant, State of Louisiana, Department of Transportation and Development. In my opinion both DOTD and Richard B. McDaniel were guilty of negligence that proximately caused plaintiff’s injury. Sinitere v. Lav*94ergne, 391 So.2d 821 (La.1980). The latter having settled with McDaniel and his insurer, DOTD is only liable for one-half of the amount awarded by the trial judge. Harvey v. Travelers Insurance Company, 163 So.2d 915 (La.App. 3 Cir. 1964).

Lead Opinion

LABORDE, Judge.

For the reasons assigned in the companion matter entitled Richard Brady McDaniel v. State of Louisiana, Department of Transportation and Development, 398 So.2d 88, our docket number 8179, the judgment rendered by the trial court in favor of the plaintiff, David R. Wagley, and against the defendant, State of Louisiana, Through the Department of Transportation and Development, is affirmed. Costs of these proceedings on appeal are taxed against the appellant in the sum of $377.50.

AFFIRMED.

SWIFT, J., dissents and assigns reasons.