MONTGOMERY v. CITY OF NEW ORLEANS

No. 88-CA 0922.

537 So.2d 1230 (1989)

Bobbie MONTGOMERY v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

January 17, 1989.


Attorney(s) appearing for the Case

Okla Jones, II, City Atty., Don J. Hernandez, Chief Deputy City Atty., Val K. Scheurich, III, Deputy City Atty., Cheryl Q. Landrieu, Asst. City Atty., New Orleans, for appellant.

Molaison, Osborn & Starr, R.A. Osborn, Jr., Gretna, for appellee.

Before CIACCIO, LOBRANO and WILLIAMS, JJ.


CIACCIO, Judge.

The City of New Orleans appeals a judgment awarding plaintiff compensatory damages for a broken leg suffered when she "tripped" on an elevated portion of a city sidewalk. We reverse.

Plaintiff, a forty year old woman, suffers from a congenital bone condition called osteogenisis imperfecta (brittle bone disease). Since she was six years old she has traveled about in a wheelchair. On an afternoon in late October she was traveling on the sidewalk...

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