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SMITH v. CITY OF NEW ORLEANS

Nos. 91-CA-2185 to 91-CA-2188.

616 So.2d 1262 (1993)

Mark SMITH v. The CITY OF NEW ORLEANS and New Orleans Public Service Inc. Brenda H. CATCHINGS, et al. v. STATE of Louisiana, DEPT. OF HIGHWAYS, et al. Darryl BYNUM v. The CITY OF NEW ORLEANS, La. Dept. of Transportation, et al. Thelma MATTHEWS v. NEW ORLEANS PUBLIC SERVICE INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied May 12, 1993.

Attorney(s) appearing for the Case

H. Muldrow Etheredge, and Vincent T. Lococo, New Orleans, for plaintiff-appellant/Mark Smith.

Carter B. Wright, Ogden, Ogden & Wright, New Orleans, for defendant/appellant/NOPSI.

Philip C. Ciaccio, Jr., Deputy City Atty., Kathy L. Torregano, Chief Deputy City Atty., William D. Aaron, Jr., City Atty., New Orleans, for defendant-appellant/City of N.O.

Miles G. Trapolin, M. Elizabeth Toca, Trapolin Law Firm, New Orleans, intervenor/appellee, Medical Center of Louisiana at New Orleans.

Vincent P. Blanson, Carl A. Butler, Bryan, Jupiter, Lewis & Blanson, New Orleans, defendant-appellant/The State of Louisiana, Dept. of Transp. & Development.

Jeffrey C. Collins, Metairie, for plaintiff-appellee/Brenda Catchings.

Timothy K. Lamy, Barker, Boudreaux, Lamy & Foley, New Orleans, for plaintiff/appellee/Thelma Matthews.

John P. Campbell, III, Metairie, for plaintiff-appellee/Darryl Bynum.

Before SCHOTT, C.J. and BARRY, KLEES, BYRNES, and LANDRIEU, JJ.

KLEES, Judge.

This case arose out of an automobile accident which occurred at about 3:20 a.m. on July 16, 1985 when an automobile driven by plaintiff, Mark Smith, left the road and collided with a utility pole on the side of the road. Other plaintiffs are Darryl Bynum, a passenger in Smith's car, and the survivors of Dana Matthews and Ava Catchings, two young women who were passengers in the car and were fatally injured. Defendants are the State Department of Transportation...

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