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GAMBINO v. LUBEL

Nos. 2221, 2247.

190 So.2d 152 (1966)

Frank A. GAMBINO v. William LUBEL. William LUBEL v. Frank A. GAMBINO, Government Employees Ins. Co., City of New Orleans, the Travelers Ins. Co., and Maryland Casualty Co., in Solido.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied October 5, 1966.

Writs Refused November 18, 1966.

Attorney(s) appearing for the Case

Steven R. Plotkin and Owen J. Bradley, New Orleans, for Frank A. Gambino, defendant, appellee.

Francis G. Weller, Deutsch, Kerrigan & Stiles, New Orleans, for Maryland Casualty Co., defendant, appellee, intervenor-appellant.

Herman & Herman, David L. Herman and A. I. Kleinfeldt, New Orleans, for William Lubel, plaintiff, appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre and Ashton Hardy, New Orleans, for Travelers Ins. Co., defendant-appellant.

Donald Hammett, Hammett, Leake & Hammett, New Orleans, for Government Employees Ins. Co., defendant-appellee.

John V. Baus and Ashton Hardy, New Orleans, for City of New Orleans, defendant-appellee.

Francis J. Mooney, Jr., New Orleans, for National Surety Corp., intervenor.

Before REGAN, CHASEZ, and BARNETTE, JJ.

CHASEZ, Judge.

These cases arose out of a single accident involving one automobile in which the driver, William Lubel, and a police officer, Frank A. Gambino, were both seriously injured. The accident occurred on South Claiborne Avenue, a major thoroughfare in the City of New Orleans, at a point where the avenue consists of two traffic lanes and a parking lane on each side of a very wide and very deep open drainage canal. The events immediately preceding the accident...

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