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McDADE v. TOWN OF OAK GROVE

No. 20526-CA.

545 So.2d 1276 (1989)

Barbara McDADE and James McDade, Plaintiffs-Appellants, v. TOWN OF OAK GROVE, Louisiana, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

June 14, 1989.

Attorney(s) appearing for the Case

Bruscato, Loomis & Street by C. Daniel Street, Monroe, for plaintiffs-appellants.

McIntosh, Fox & Lancaster by John M. Lancaster, Oak Grove, for defendant-appellee, Town of Oak Grove.

Cook, Yancey, King & Galloway by Charles G. Tutt, Shreveport, for defendants-appellees, Arden Smith Ins. Agency and Arden Smith.

Before MARVIN and SEXTON, JJ., and JASPER E. JONES, J. Pro Tem.

MARVIN, Judge.

Mr. and Mrs. McDade appeal a judgment rejecting their demands for damages that arose when Mrs. McDade stepped in a one-inch deep triangular shaped hole or depressed area (4" × 3" × 3") in a sidewalk on Main Street in the town of Oak Grove and fell, seriously fracturing her right kneecap.

Plaintiffs contend the trial court should have applied comparative negligence and assessed all or some...

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