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BROWN v. MERZ

Nos. 13177, 13178.

429 So.2d 463 (1983)

Tom Ray BROWN and Gwendolyn Jackson v. Beth MERZ and Cheryl Merz and Cumis Insurance Society, Inc. Beth MERZ and Cheryl Merz v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 27, 1983.

Attorney(s) appearing for the Case

Charles F. Gay, Jr., Martzell, Montero & Lamothe, New Orleans, for plaintiff-appellee.

Salvador Anzelmo, George R. Simno, III, Charles J. Willoughby, New Orleans, for defendant-appellant.

Robert E. Kerrigan, Jr., Philip D. Lorio, III, Deutsch, Kerrigan & Stiles, New Orleans, for defendant-appellee.

Alma L. Chasez, Metairie, for intervenor.

Before SCHOTT, AUGUSTINE and LOBRANO, JJ.

AUGUSTINE, Judge.

This suit for personal injury arises from an automobile collision at the intersection of Third and Magazine Streets in the City of New Orleans. That intersection is controlled by a stop sign which faces motorists who travel riverbound on Third Street, but there is uncontradicted evidence that at the time of the accident, the sign was at least partially obscured by a crepe myrtle tree.

The accident occurred just after midnight on July 23,...

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