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JOHNSON v. DUFRENE

No. CA-0075.

433 So.2d 1109 (1983)

David JOHNSON and Earl Roberts, Individually and as the Administrator of the Estate of His Son, Ryan Roberts v. Alvin P. DUFRENE, State Farm Mutual Insurance Company and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 26, 1983.

Attorney(s) appearing for the Case

William P. Schuler, Law Offices of Manuel A. Fernandez, Chalmette, for plaintiffs-appellees.

C. Gordon Johnson, Jr., Porteous, Toledano, Hainkel & Johnson, New Orleans, for State Farm Mut. Auto. Ins. Co.

Peter C. Rizzo, New Orleans, for defendants-appellants.

Avis Marie Russell, Asst. City Atty., George R. Simno, III, Deputy City Atty., Salvador Anzelmo, City Atty., New Orleans, for defendants-appellants and appellee.

Before AUGUSTINE, BARRY and KLEES, JJ.

AUGUSTINE, Judge.

This suit arises out of an automobile collision in Chalmette, Louisiana on July 2, 1978. Plaintiff David Johnson, heading west on St. Bernard Highway, had stopped for a red light at Paris Road. When the light changed in his favor, he remained stationary waiting for a turning vehicle to clear the intersection. At that moment, defendant Alvin Dufrene was also driving westerly on St. Bernard. He failed to detect soon enough that Johnson's vehicle was...

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