
    Germaine BROOKS, et al. v. CITY OF LAFAYETTE, et al. Randy Fontenot, et al. v. Patterson Insurance, et al.
    Nos. 06-1625, 06-1624.
    Court of Appeal of Louisiana, Third Circuit.
    Feb. 18, 2009.
    Lawrence N. Curtis, Lawrence N. Curtis, Ltd., Lafayette, LA, for Plaintiffs/Appellants, Randy Fontenot and Susanne Fontenot.
    Rickey W. Miniex, Clyde R. Simien, Todd M. Swartzendruber, Holli K. Yandle, Simien & Miniex, Lafayette, LA, for Defendant/Appellee/Appellant, Lafayette City-Parish Consolidated Government.
    Colleen McDaniel, Assistant Attorney General, Louisiana Department of Justice Division of Risk Litigation, Lafayette, LA, for Defendant/Appellee, The State of Louisiana Through The Department of Transportation and Development.
    
      Court composed of Chief Judge ULYSSES GENE THIBODEAUX, SYLVIA R. COOKS, JIMMIE C. PETERS, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.
   PETERS, J.

|, For the reasons assigned in Fontenot v. Patterson Insurance Co., 06-1624 (La. App. 3 Cir. 2/18/09), 5 So.Sd 954, on remand from the Louisiana Supreme Court, we amend the third-party judgment in favor of the Lafayette City-Parish Consolidated Government and against Germaine Brooks and the State of Louisiana, Department of Transportation and Development to reflect that Germaine Brooks is assessed with sixty percent of all damages awarded, and that the State of Louisiana, Department of Transportation and Development is assessed with the remaining forty percent. 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 forty percent share of costs assessed to the State of Louisiana, Department of Transportation and Development in a monetary amount, $297.49 in lower court costs and $3,354.67 in appellate costs.

AFFIRMED AS AMENDED.

PICKETT, J., dissents and assigns written reasons.

PICKETT, J.,

dissenting.

_J_¡For the reasons assigned in my dissent in Fontenot v. Patterson Insurance Co., 06-1624 (La.App. 3 Cir. 2/18/09), 5 So.3d 954, on remand from the Louisiana Supreme Court, I dissent from the majority’s allocation of fault on the third party demand. The supreme court has ordered this court to apply the percentages of fault determined after a manifest error review of the jury’s verdict to the stipulated damages of the Lafayette City-Parish Consolidated Government in its third-party demand. In accordance with the jury verdict, I would allocate 90% of the fault to Mr. Brooks and 10% to Mr. Fon-tenot.  