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VEGA v. ST. BERNARD WATER DIST. NO. 1

No. 11850.

398 So.2d 1248 (1981)

Ronald VEGA, Individually and as Administrator of the Estate of his Minor Child, Desi Vega, and Desi Vega v. ST. BERNARD WATER DISTRICT NO. 1, St. Bernard Parish Police Jury, Zurich-American Insurance Companies, and Continental Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 5, 1981.

Attorney(s) appearing for the Case

Richard A. Tonry, Chalmette, for plaintiff-appellant.

Brian, Simon, Peragine, Smith & Redfearn, New Orleans, Daniel J. Caruso, New Orleans, for defendant-appellant.

Before REDMANN, BARRY and KLIEBERT, JJ.

BARRY, Judge.

Plaintiff's minor son was awarded damages for personal injuries and defendant now appeals on liability and quantum.

The record shows that plaintiff's 13 year-old son was riding his "dirt bike" on the shoulder of Judge Perez Drive in Chalmette. "Breakaway" fire plugs are located along the shoulder, one of which had previously been demolished causing its pipe to be exposed approximately six inches above the ground.

The youngster testified...

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