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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 6th day of February, 2004, are as follows: BY JOHNSON, J.: 2003-C -0606 YOLANDA GRIFFIN HENDERSON, ET AL. v. NISSAN MOTOR CORPORATION, ET AL. (Parish of St. John the Baptist) For the foregoing reasons, we reverse the decision of the Court of Appeal and reinstate the allocation of fault by the jury.

02/06/04

SUPREME COURT OF LOUISIANA
No. 03-C-606 YOLANDA GRIFFIN HENDERSON, et al. Versus NISSAN MOTOR CORPORATION, et al. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIFTH CIRCUIT, PARISH OF ST. JOHN THE BAPTIST

JOHNSON, Justice The Louisiana Department of Transportation and Development (DOTD) filed this writ application, and we granted certiorari in order to determine whether the Court of Appeal applied the correct standard of review when it found that the jury was clearly wrong or manifestly erroneous in its apportionment of 5% of the fault for a motor vehicle accident to the DOTD and reassigned the DOTD 50% fault. For the following reasons, we conclude that the Court of Appeal misapplied the manifest error-clearly wrong standard, and reinstate the original jury verdict.

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FACTS AND PROCEDURAL HISTORY This case arises out of a two-vehicle accident involving Fred Henderson and his then-fianc

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Louisiana Law