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GEGENHEIMER v. CITY OF NEW ORLEANS

No. 9608.

365 So.2d 911 (1978)

Mrs. Gerald J. GEGENHEIMER, Individually, and as Tutrix and Administratrix of the Minors, Ronald Joseph, Gerald John, Jr. and Cindy Lou Gegenheimer v. CITY OF NEW ORLEANS, Department of Highways, State of Louisiana, New Orleans Public Service, Inc. and John Doe Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 16, 1979.

Writ Refused March 5, 1979.

Attorney(s) appearing for the Case

Walter F. Gemeinhardt, a Professional Law Corp., John P. Keegan, New Orleans, for plaintiffs-appellees.

Philip K. Jones, Norman L. Sisson, Marshall W. Wroten, Baton Rouge, Jesse S. Guillot, New Orleans, for defendant-appellee La. Dept. of Transp. and Development.

Floyd F. Greene, New Orleans, for defendant-appellant New Orleans Public Service, Inc.

George R. Simno, III, Deputy City Atty., Donald A. Hoffman, City Atty., New Orleans, for defendant-appellee City of New Orleans.

Before REDMANN, GULOTTA and SCHOTT, JJ.

SCHOTT, Judge.

The widow and children of Gerald J. Gegenheimer brought this wrongful death action against New Orleans Public Service, Inc. (NOPSI), the Louisiana Department of Highways and the City of New Orleans. The case against NOPSI was tried to a jury which returned a verdict in favor of plaintiffs for $200,000. The trial judge dismissed the suit against the other defendants. Both NOPSI and plaintiffs have appealed.

The decisive issue in the case is the...

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