Germaine Christopher Brooks v. City of Lafayette

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT NO. 06-1625 GERMAINE BROOKS, ET AL.

VERSUS CITY OF LAFAYETTE, ET AL.

CONSOLIDATED WITH NO. 06-1624 RANDY FONTENOT, ET AL.

VERSUS PATTERSON INSURANCE, ET AL.

************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, NOS. 2001-2002, 2001-2216 HONORABLE DURWOOD CONQUE, DISTRICT JUDGE ON REMAND FROM THE LOUISIANA SUPREME COURT ************ JIMMIE C. PETERS JUDGE ************ Court composed of Chief Judge Ulysses Gene Thibodeaux, Sylvia R. Cooks, Jimmie C. Peters, Elizabeth A. Pickett, and J. David Painter, Judges.

AFFIRMED AS AMENDED.

PICKETT, J., DISSENTS AND ASSIGNS WRITTEN REASONS.

Lawrence N. Curtis Lawrence N. Curtis, LTD Post Office Box 80247 Lafayette, LA 70598-0247 (337) 235-1825 COUNSEL FOR PLAINTIFFS/APPELLANTS: Randy Fontenot and Susanne Fontenot Rickey W. Miniex Clyde R. Simien Todd M. Swartzendruber Holli K. Yandle Simien & Miniex Post Office Box 81918 Lafayette, LA 70598-1918 (337) 269-0222 COUNSEL FOR DEFENDANT/APPELLEE/APPELLANT: Lafayette City-Parish Consolidated Government Colleen McDaniel Assistant Attorney General Louisiana Department of Justice Division of Risk Litigation Jefferson Street, 4th Floor Lafayette, LA 70501 (337) 262-1700 COUNSEL FOR DEFENDANT/APPELLEE: The State of Louisiana Through The Department of Transportation and Development PETERS, J.

For the reasons assigned in Fontenot v. Patterson Insurance Co., 06-1624 (La.App. 3 Cir. ___/___/____), ____ So.2d _____, on remand from the Louisiana Supreme Court, we amend the third-party judgment in favor of the Lafayette City- Parish Consolidated Government and against Germaine Brooks and the State of Louisiana, Department of Transportation and Development to reflect that Germaine Brooks is assessed with sixty percent of all damages awarded, and that the State of Louisiana, Department of Transportation and Development is assessed with the remaining forty percent. We order that Germaine Brooks and the State of Louisiana, Department of Transportation and Development, shall be responsible for court costs, including the cost of this appeal, in proportion to their fault. Pursuant to the requirement of La.R.S.13:5112(A), we set the forty percent share of costs assessed to the State of Louisiana, Department of Transportation and Development in a monetary amount, $297.49 in lower court costs and $3,354.67 in appellate costs.

AFFIRMED AS AMENDED.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-1625

GERMAINE BROOKS, ET AL.

VERSUS CITY OF LAFAYETTE, ET AL.

PICKETT, J., dissenting.

For the reasons assigned in my dissent in Fontenot v. Patterson Insurance Co., 06-1624 (La.App. 3 Cir. __/__/__), ___ So.2d ___, on remand from the Louisiana Supreme Court, I dissent from the majority’s allocation of fault on the third party demand. The supreme court has ordered this court to apply the percentages of fault determined after a manifest error review of the jury’s verdict to the stipulated damages of the Lafayette City-Parish Consolidated Government in its third-party demand. In accordance with the jury verdict, I would allocate 90% of the fault to Mr. Brooks and 10% to Mr. Fontenot.