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BURMASTER v. GRAVITY DRAINAGE DIST. NO. 2

No. 92-CA-121.

602 So.2d 1045 (1992)

Mrs. Elizabeth Ann Daigrepont BURMASTER, Widow of Elvin E. Burmaster, Jr., Individually and as Natural Tutrix of Her Minor Children, Annelle Marie Burmaster, Velvet Ann Burmaster and Darren Joseph Burmaster v. GRAVITY DRAINAGE DISTRICT NO. 2 OF THE PARISH OF ST. CHARLES, St. Charles Parish Police Jury, St. Charles Parish, d/b/a St. Charles Parish Council and President, St. Charles Parish.

Court of Appeal of Louisiana, Fifth Circuit.

June 23, 1992.

Attorney(s) appearing for the Case

Gainsburgh, Benjamin, Fallon, David & Ates, Robert J. David, Stevan C. Dittman, New Orleans, for plaintiffs-appellees.

Barham & Markle, A Professional Law Corp., Mack E. Barham, Anita M. Warner, Matthew K. Brown, New Orleans, for defendant-appellant Parish of St. Charles.

Before KLIEBERT, C.J., and GOTHARD and CANNELLA, JJ.

KLIEBERT, Chief Judge.

This litigation by Mrs. Burmaster, individually and as natural tutrix of her minor children (hereafter "Burmasters"), plaintiff-appellee, arose from the death of Mr. Burmaster who was killed on April 23, 1977, when he fell from a three foot wide concrete bulkhead into a water-filled drainage pit and was drowned. The bulkhead and pit were located on premises owned and operated by the St. Charles Parish Gravity Drainage District No. 2. The Burmasters...

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