Cheairs v. State, 2003-C-0680 (La. 12/3/2003)

Decision Date03 December 2003
Docket Number2003-C-0680.
Citation861 So.2d 536
PartiesMARK CHEAIRS, v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, BATON ROUGE POLICE DEPARTMENT, THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY.
CourtLouisiana Supreme Court

BY CALOGERO, C.J.:

(Parish of E. Baton Rouge)

We affirm the judgment of the court of appeal on the liability portion of the bifurcated trial finding DOTD 55 percent at fault for the plaintiff's accident. The case is remanded to the district court for trial of the second of the bifurcated phases, i.e., the damages suffered by plaintiff.

AFFIRMED.

VICTORY, J., dissents and assigns reasons.

TRAYLOR, J., dissents for...

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37 cases
  • Maldonado v. Kiewit La. Co.
    • United States
    • Court of Appeal of Louisiana — District of US
    • 26 Septiembre 2014
    ...in this regard does not meet the standards of technical or special knowledge. See Cheairs v. State ex rel. Department of Trans. and Development, 2003–0680 (La.12/3/03), 861 So.2d 536, 540–541. It is merely conclusory. Accordingly, we find that the jury verdict is entitled to no weight on th......
  • Maldonado v. Kiewit La. Co.
    • United States
    • Court of Appeal of Louisiana — District of US
    • 26 Septiembre 2014
    ...in this regard does not meet the standards of technical or special knowledge. See Cheairs v. State ex rel. Department of Trans. and Development, 2003–0680 (La.12/3/03), 861 So.2d 536, 540–541. It is merely conclusory. Accordingly, we find that the jury verdict is entitled to no weight on th......
  • Paul O. Schwarzenberger, M.D. & Clinical Oncology Research Assocs., L. L.C. v. La. State Univ. Health Scis. Ctr. New Orleans
    • United States
    • Court of Appeal of Louisiana — District of US
    • 24 Agosto 2017
    ... ... See Cheairs v. State ex rel. Dept. of Transp. & Dev., 03-0680, p. 6 (La. 12/3/03), 861 So.2d 536, 541. This ... ...
  • Everhardt v. Louisiana Dotd
    • United States
    • Court of Appeal of Louisiana — District of US
    • 20 Febrero 2008
    ...should be admissible and who should or should not be permitted to testify as an expert. Cheairs v. State ex rel. Dept. of Transp. and Dev., 03-0680, p. 6 (La.12/3/03), 861 So.2d 536, 541 citing 3 J. Weinstein & M. Berger, Weinstein's Evidence ¶ 702[02] (1981). Whether an expert meets the qu......
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