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McGRAIL v. LEE

No. 35,756-CA.

814 So.2d 729 (2002)

Michael William McGRAIL, individually, and Raymond Winters, as the tutor of James Phillip McGrail and Sandra Marie McGrail, individually and as the surviving children of Margaret Alexandria Winters, Plaintiff-Appellant, v. Jessie R. LEE, Mitchell Transportation Services, Inc. and Clarendon National Insurance Company, In Solido, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 2, 2002.

Attorney(s) appearing for the Case

William F. Kendig, Shreveport, for Plaintiff-Appellant.

James A. Mijalis, Shreveport, for Defendant-Appellant.

Before WILLIAMS, STEWART and GASKINS, JJ.

WILLIAMS, Judge.

The plaintiffs, Michael McGrail, James McGrail and Sandra McGrail, children of the decedent Margaret Winters, and the defendants, Jessie Lee, Mitchell Transportation Services, Inc., Clarendon National Insurance Company and RLI Insurance Company, appeal a judgment allocating 80% fault to Lee and 20% to decedent in causing the accident. The jury awarded plaintiffs $50,000 for the decedent's pain and suffering and awarded $750,000 to each child for the...

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