In Re: Department of Transportation and Development, applying for Writ of Cer-tiorari, or Writ of review, to the Court of Appeal First Circuit, Numbers 83-CA-0362 and 83-CA-0363; Twenty-First Judicial District Court, Parish of Livingston, Numbers 33,089 and 33,090.

Denied.

concurs. The reasoning of the dissenting judge would have been appropriate if this case involved the driver's claim against the Department. However, the fault of a third party does not necessarily relieve the Department of the consequences of its contributing fault.