
    David R. WAGLEY, Plaintiff-Appellee, v. Richard McDANIEL et al, Defendants-Appellants.
    No. 8178.
    Court of Appeal of Louisiana, Third Circuit.
    April 15, 1981.
    Rehearing Denied May 28, 1981.
    William J. Doran, Jr., Baton Rouge, for defendants-appellants.
    Felix A. DeJean, III, and Mel Credeur, Opelousas, for plaintiff-appellee.
    John T. Bennett, Marksville, for plaintiff-appellee-appellant.
    McLure & McLure, John C. Piekels, Alexandria, for plaintiff-appellee-appellant.
    Before GUIDRY, SWIFT and LA-BORDE, JJ.
   LABORDE, Judge.

For the reasons assigned in the companion matter entitled Richard Brady McDaniel v. State of Louisiana, Department of Transportation and Development, 398 So.2d 88, our docket number 8179, the judgment rendered by the trial court in favor of the plaintiff, David R. Wagley, and against the defendant, State of Louisiana, Through the Department of Transportation and Development, is affirmed. Costs of these proceedings on appeal are taxed against the appellant in the sum of $377.50.

AFFIRMED.

SWIFT, J., dissents and assigns reasons.

SWIFT, Judge,

dissenting.

I respectfully dissent as to the amount awarded the plaintiff, David R. Wagley, in the judgment against the defendant, State of Louisiana, Department of Transportation and Development. In my opinion both DOTD and Richard B. McDaniel were guilty of negligence that proximately caused plaintiff’s injury. Sinitere v. Lav ergne, 391 So.2d 821 (La.1980). The latter having settled with McDaniel and his insurer, DOTD is only liable for one-half of the amount awarded by the trial judge. Harvey v. Travelers Insurance Company, 163 So.2d 915 (La.App. 3 Cir. 1964).  