SUTTER v. AUDUBON PARK COMMISSION

No. CA-8684.

533 So.2d 1226 (1988)

Malcolm SUTTER, II v. AUDUBON PARK COMMISSION, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 14, 1988.


Attorney(s) appearing for the Case

Frank J. D'Amico, Vincent J. Glorioso, Jr., Ronald A. Welcker, Dennis J. Phayer, Glorioso, Welcker & Zaunbrecher, New Orleans, for plaintiff-appellee Malcom Sutter, II.

William A. Porteous, III, John J. Hainkel, Jr., Michael K. Fitzpatrick, Porteous, Hainkel, Johnson & Sarpy, New Orleans, and Richard B. Nevils, Baton Rouge, for defendant-appellant Audubon Park Com'n and Southeastern Fidelity Ins. Co.

William J. Guste, Jr., Atty. Gen., Kendall L. Vick, Asst. Atty. Gen., New Orleans, for State of La., amicus curiae.

Okla Jones, II, City Atty., New Orleans, for City of New Orleans, amicus curiae.

Frank J. Stich, Jr., Sessions, Fishman, Rosenson, Boisfontaine Nathan & Winn, New Orleans, for New Orleans City Park Improvement Assoc., amicus curiae.

Before SCHOTT, KLEES and WILLIAMS, JJ.


KLEES, Judge.

On October 1, 1981, plaintiff Malcolm Sutter was shot by an unknown assailant in a restroom facility of Audubon Park and rendered a paraplegic. He sued the Audubon Park Commission, and one of its insurers, Southeastern Fidelity Insurance Company, as well as the city of New Orleans and the state of Louisiana, alleging that their negligence was a legal cause of his shooting.

The state of Louisiana was dismissed as a defendant prior to trial on...

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