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THIBODEAU v. MAYOR AND COUNCILMEN OF MORGAN CITY

No. 92 CA 1050.

619 So.2d 595 (1993)

Kevin L. THIBODEAU, et al. v. MAYOR AND COUNCILMEN OF MORGAN CITY, State of Louisiana, and Pelican State Mutual Insurance Company.

Court of Appeal of Louisiana, First Circuit.

April 23, 1993.

Attorney(s) appearing for the Case

Darrell J. Saltamachia, Saltamachia & Baker, Baton Rouge, and Nicholas F. Larocca, Jr., Lippman, Mahfouz, Martin & Larocca, Morgan City, for plaintiffs.

John J. Hainkel, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, for Mayor and Councilmen of Morgan City and Pelican State Mut. Ins. Co.

Danial C. Vidrine, Louisiana Dept. of Justice, Baton Rouge, for State.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

SHORTESS, Judge.

On June 20, 1988, 22-year-old Kevin Lee Thibodeau (plaintiff) dove headfirst into the shallow murky waters of Lake Palourde. When his head struck the muddy lake bottom, his C-5 vertebrae was compressed and crushed, rendering him an incomplete quadriplegic. Plaintiff sued Morgan City (City),1 the lessee of the property where the accident occurred; its insurer, Pelican State Mutual Insurance Company (Pelican);

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