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SWAIN v. SEWERAGE & WATER BD. OF NEW ORLEANS

No. 12852.

413 So.2d 233 (1982)

Dwanna SWAIN v. The SEWERAGE AND WATER BOARD OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

April 7, 1982.

Attorney(s) appearing for the Case

John A. Gordon, Sp. Counsel, Vincent T. Lococo, Gen. Counsel, Gerard M. Victor, Senior Counsel, Sewerage and Water Bd. of New Orleans, New Orleans, for defendant-appellant.

Patrick D. McArdle, Susan Adams, New Orleans, for plaintiff-appellee.

Before SCHOTT, KLEES and WARD, JJ.

KLEES, Judge.

On April 19, 1980, Dwanna Swain, the plaintiff-appellee, stepped out of the back seat of an automobile at approximately 12:30 A.M. onto St. Ferdinand Street in New Orleans. As she took her second step she fell into an open hole in the sidewalk which turned out to be an uncovered water meter box.

After a trial on the merits the trial court entered judgment in favor of the plaintiff and against the defendant-appellant Sewerage and Water Board of...

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