McKENZIE v. NEW ORLEANS PUBLIC SERVICE, INC.

No. CA-1688.

455 So.2d 678 (1984)

Jerry McKENZIE, Individually and For the Use and Benefit of the Minor, Gregory McKenzie v. NEW ORLEANS PUBLIC SERVICE, INC. and Herman R. Dear.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion July 27, 1984.

Rehearing Denied September 27, 1984.

Writ Denied November 26, 1984.


Attorney(s) appearing for the Case

Robert T. Hughes, New Orleans, for plaintiffs-appellants.

Charlton B. Ogden, II, New Orleans, for defendant-appellee.

Before REDMANN, C.J., and GARRISON and BARRY, JJ.


BARRY, Judge.

Plaintiff appeals the dismissal of his minor son's lawsuit for damages as a result of being hit by defendant's bus.1

Gregory McKenzie and his friend, Alex Bell, then 13 and 14 years old, were going to cross the Industrial Canal bridge in New Orleans at about 8:00 a.m.. After waiting 15 minutes for the drawbridge to close, the boys continued on the pedestrian walkway which is adjacent to the roadway and protected by...

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