BOURGEOIS v. NEW ORLEANS PUBLIC SERVICE, INC.

No. CA-2883.

469 So.2d 1116 (1985)

Ernest BOURGEOIS v. NEW ORLEANS PUBLIC SERVICE, INC.

Court of Appeal of Louisiana, Fourth Circuit.

May 8, 1985.


Attorney(s) appearing for the Case

Robert T. Hughes, New Orleans, for appellee.

James Maher, III, New Orleans Public Service Inc., New Orleans, for appellant.

Before GULOTTA, KLEES and CIACCIO, JJ.


GULOTTA, Judge.

New Orleans Public Service, Inc. appeals from a judgment in favor of Ernest Bourgeois for injuries sustained when he fell into a street "pot hole" left by a NOPSI repair crew. NOPSI concedes its own negligence, but claims the trial judge erred in failing to conclude that plaintiff's negligence or assumption of the risk barred his recovery.

On the wet and drizzly afternoon of January 24, 1983, Bourgeois, while moving at a "slow trot", was crossing...

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