Supreme Court of Louisiana, 1987

The Supreme Court of Louisiana affirmed the appellate court, holding that rescinding a bond forfeiture judgment does not extinguish the surety's liability and that the defendant's appearance did not constitute a proper surrender under La.Code Crim.P. art. 338, so the surety remained obligated.

The court held that the lower courts clearly erred in assigning equal fault, finding that Mart’s later back treatment and disability were unrelated to the accident, and limiting his damages to a three-month strain.