Ross v. Whitfield

For the reasons assigned in Toney v. Whitfield, 519 So.2d 251 (La.1988), decided this date, the judgment of the district court is modified to declare the unconstitutionality only of the penalty portion of La.R.S. 23:1634 A. As modified, the judgment is affirmed.

DIXON and DENNIS, JJ., dissent. WATSON, J., dissents for reasons assigned in Toney.