BATISTE v. CITY OF NEW ORLEANS

No. CA-7974.

518 So.2d 1180 (1988)

Henrietta BATISTE v. The CITY OF NEW ORLEANS and Sewerage and Water Board of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 11, 1988.

Writ Denied April 4, 1988.


Attorney(s) appearing for the Case

Gerard M. Victor, Gen. Counsel, Sewerage and Water Bd., New Orleans, for defendant/appellant.

Edmond J. Harris, Bettie G. Redler, Heisler & Wysocki, New Orleans, for plaintiffs/appellees.

Before CIACCIO and LOBRANO, JJ., and HERBERT A. CADE, J. Pro Tem.


LOBRANO, Judge.

Henrietta Batiste obtained a judgment against the Sewerage and Water Board for the City of New Orleans for damages she sustained as a result of the subsidence of her front yard, driveway, front steps and front porch.

The Sewerage and Water Board (Board) appeals asserting the trial court erred in its determination of fault under Civil Code Article 2317.

The sole issue for our determination is whether the evidence supports a finding of...

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