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JONES v. PAYTON

Nos. 88-CA-0687, 88-CA-0688.

548 So.2d 1260 (1989)

Dwayne Paul JONES, Sr., et al. v. Howard PAYTON, et al.

Court of Appeal of Louisiana, Fourth Circuit.

On Rehearing August 24, 1989.

Writ Denied October 6, 1989.

Attorney(s) appearing for the Case

Nat G. Kiefer, Jr., Joseph V. Di Rosa, Jr., New Orleans, for plaintiffs-appellees.

Edward P. Lobman, David I. Bordelon, Lobman, Carnahan & Batt, Metairie, Robert N. Ryan, P. Bruin Hays, II, Bienvenu, Foster, Ryan & O'Bannon, Timothy G. Schafer, Schafer & Schafer, New Orleans, for defendants-appellants.

Before GARRISON, BARRY and WILLIAMS, JJ.

GARRISON, Judge.

On December 12, 1984, at approximately 9:30 a.m., a truck carrying two steel cargo containers was being driven by defendant Howard Payton on St. Claude Avenue in New Orleans. As the truck sped through the intersection of Franklin Avenue and St. Claude Avenue, it hit a bump causing one of the containers weighing approximately three tons to slide off of the vehicle and into the street hitting Tianda Thomas and Frank Findlay. Thomas was pronounced dead...

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