EDDIE WHITEHEAD, ET AL. VERSUS THE MUNICIPALITY OF FERRIDAY, ET AL.
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-756 consolidated with 05-755 EDDIE WHITEHEAD, ET AL. VERSUS THE MUNICIPALITY OF FERRIDAY, ET AL. ************ APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT, PARISH OF CONCORDIA, NOS. 36263 and 36348, HONORABLE LEO BOOTHE, DISTRICT JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Marc T. Amy, Michael G. Sullivan, and Billy Howard Ezell, Judges. REVERSED IN PART; AFFIRMED IN PART; AMENDED IN PART; AND RENDERED. Antonio Marcell Clayton Dennis Coleman Weber Attorneys at Law 607 N. Alexander Avenue Port Allen, Louisiana 70767 (225) 344-7000 Counsel for Plaintiff/Appellee: Wanda Baker Smith Neil D. Sweeney Sweeney & Miller 7921 Picardy Avenue Baton Rouge, Louisiana 70809 (225) 768-7300 Counsel for Plaintiffs/Appellants/Appellees: Allen Whitehead Paula Whitehead Brazil James Whitehead Brenda Whitehead Eddie Whitehead Stacy Christopher Auzenne Auzenne Law Firm, L.L.C. Post Office Box 11817 Alexandria, Louisiana 71315-1817 (318) 880-0087 Counsel for Defendants/Appellants: Terrance A. Williams Town of Ferriday Randall Brian Keiser Keiser Law Firm, L.L.C. Post Office Box 12358 Alexandria, Louisiana 71315-2394 (318) 443-6168 Counsel for Defendants/Appellants: Terrance A. Williams Town of Ferriday Lisa Coleman Lee Attorney for Department of Health & Hospitals 1201 Capitol Access Road Baton Rouge, Louisiana 70821 (225) 342-0207 Counsel for Intervenor: State of Louisiana, Department of Health & Hospitals SULLIVAN, Judge. For the reasons discussed in the companion case in this consolidated matter, Smith v. The Municipality of Ferriday, 05-755 (La.App. 3 Cir. __/__/06), __ So.2d __, the trial court s assessment of fault is reversed and fault is assessed 100% to Defendants; the judgment is amended to provide that Defendants are solidarily liable to the Whiteheads; the general damage award of $600,000.00 to Ms. Smith is affirmed; the award of future medical expenses in favor of Ms. Smith is reversed; the wrongful death damages in favor of Mr. Whitehead s children are amended to $25,000.00 per child; the failure to make a separate award for funeral expenses is affirmed and the refusals to award survival damages and to admit polygraph examination results are affirmed. All costs are assessed to Defendants. REVERSED IN PART; AFFIRMED IN PART; AMENDED IN PART; AND RENDERED.
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