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HAYES v. CITY OF NEW ORLEANS

Nos. CA 8852, CA 8853.

527 So.2d 1002 (1988)

Rodney HAYES v. The CITY OF NEW ORLEANS. Juanita STEWART v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 19, 1988.

Attorney(s) appearing for the Case

Sandra Nathan Friedman, Herman S. Kohlman, Kohlman & Kohlman, New Orleans, for plaintiff/appellant.

Okla Jones, II, City Atty., Don J. Hernandez, Val K. Scheurich, Cheryl Quirk Landrieu, Asst. City Attys., New Orleans, for defendant/appellee.

Before BYRNES, CIACCIO and PLOTKIN, JJ.

PLOTKIN, Judge.

In this intersectional collision case, the plaintiff-appellant, Juanita Stewart, appeals from a judgment in which her suit against the City of New Orleans was dismissed and the two colliding drivers were found to have together contributed one hundred per cent toward the accident. The issue presented here is the liability of the City of New Orleans for a nonfunctioning traffic light under LSA-C.C. Art 2315, negligence or under LSA-C.C. Art. 2317, strict...

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