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WILLIAMS v. TIMPHONY

Nos. 7010, 7011.

320 So.2d 575 (1975)

Earl WILLIAMS v. Valentine TIMPHONY et al. CONTINENTAL CASUALTY COMPANY v. Valentine TIMPHONY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 11, 1975.

Attorney(s) appearing for the Case

Roy J. DiVincenti, III, Trial Atty., Pitard, Pitard & Porobil, Gregory M. Porobil, New Orleans, for Valentine Timphony, Checker Cab Co., and Manchester Ins. & Indem. Co.

Deutsch, Kerrigan & Stiles, by Raymon G. Jones, New Orleans, for Continental Casualty Co.

Dodge, Friend, Wilson & Spedale, by Gordon F. Wilson, Jr., New Orleans, for Earl Williams.

Before REDMANN, BOUTALL and MORIAL, JJ.

BOUTALL, Judge.

This suit arises out of two collisions on the Wisner Overpass, a four lane roadway with dividing median, in the City of New Orleans. The night of February 9, 1973 was a cold and stormy one; it had snowed almost all day and ice was forming on many of the city's overpasses. Juan Cardoza, with his wife and child, attempted to traverse the Wisner Overpass at approximately 8:30 that evening. The Cardoza vehicle failed to get to the crest of the overpass...

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