GERMAINE CHRISTOPHER BROOKS, ET AL. VERSUS CITY OF LAFAYETTE, ET AL.
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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 ************ 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. PICKETT, J., DISSENTS AND ASSIGNS WRITTEN REASONS. AFFIRMED. 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 556 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 _____, we affirm the third-party demand judgment in favor of the Lafayette City-Parish Consolidated Government and against Germaine Brooks and the State of Louisiana, Department of Transportation and Development. 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 fifty percent share of costs assessed to the State of Louisiana, Department of Transportation and Development in a monetary amount, $371.86 in lower court costs and $4,193.34 in appellate costs. AFFIRMED. STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-1625 GERMAINE AND LEONA PHILLIPS VERSUS CITY OF LAFAYETTE consolidated with 06-1624 RANDY FONTENOT AND SUSANNE FONTENOT VERSUS PATTERSON INSURANCE AND CHRISTOPHER BROOKS PICKETT, J., dissenting. For the reasons assigned in my dissent inFontenot v. Patterson Insurance Co., 06-1624 (La.App. 3 Cir. __/__/__), ____ So.2d ____, I respectfully dissent.
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