Crichton, J., would grant and docket and assigns reasons.
I would grant and docket this application to consider to court of appeals assessment of 100% fault to the defendants. The defendants’ application raises the question of the meaning “legal cause of the damages” in Code of Civil Procedure article 1812(C). Specifically, defendants argue that encompassed in the definition of “damages” is not only causation of an accident, but also exacerbation of the damages sustained in an accident. Here, defendants conceded they were solely responsible for the collision itself, but argue that the decedents excessive speeding exacerbated his injuries. As a result, according to the defendants’ argument, the decedents own negligent actions caused him worse injuries (“damages”) than he would have sustained had he been driving the speed limit, and he should properly have been assessed some amount of fault. In my view, this question is of critical importance to the application of Louisianas substantive tort law insofar it takes into account the totality of the conduct at issue, and I would grant the application to consider it.
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FOOTNOTES
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. For purposes of clarity, I note that my vote is to deny the related applications 23-C-1300 and 23-C-1314.