VERDUN v. STATE, DHHR

No. 89-CA-1513.

559 So.2d 877 (1990)

Terry VERDUN v. STATE of Louisiana, Through the DEPARTMENT OF HEALTH & HUMAN RESOURCES, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 29, 1990.


Attorney(s) appearing for the Case

Gibson Tucker, Jr., and George B. Recile, New Orleans, for plaintiffs-appellants.

Hulse, Nelson & Wanek, Craig R. Nelson, Al M. Thompson, Jr., New Orleans, for State of Louisiana through Dept. of Health & Human Resources, defendants-appellees.

Adams & Reese, F. Lee Butler, Leslie A. Lanusse, Janis Van Meerveld, New Orleans, for The Board of Commissioners of the Orleans Levee Dist. and Nat. Union Fire Ins. Co. of Pittsburgh, Pa.

Before KLEES, BYRNES and LOBRANO, JJ.


BYRNES, Judge.

Terry and Linda Verdun appeal a partial summary judgment in a personal injury action, limiting recovery from the Board of Levee Commissioners of the Orleans Parish Levee District (Levee Board) and its insurer, the National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National Union) pursuant to Louisiana LSA-R.S. 9:2798.1. We reverse.

On or about July 18, 1985 Terry Verdun stepped into waters in Lake Pontchartrain adjacent to the...

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