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MATHIEU v. IMPERIAL TOY CORP.

No. 93-CA-1182.

632 So.2d 375 (1994)

Gerard A. MATHIEU, et al. v. IMPERIAL TOY CORP., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 17, 1994.

Attorney(s) appearing for the Case

R. Glenn Cater, Nancy Collins Cater, Cater & Willis, New Orleans, and William P. Quigley, New Orleans, for plaintiff/appellant.

Michael G. Riehlmann, Nolan P. Lambert, Asst. City Attys., Bruce G. Whittaker, Deputy City Atty., Bruce E. Naccari, Acting First Asst. City Atty., Kathy L. Torregano, City Atty., New Orleans, for defendant/appellant.

Before BARRY and KLEES, JJ., and JAMES C. GULOTTA, J. Pro Tem.

BARRY, Judge.

The City of New Orleans appeals a judgment for $3,962, 193.90 in favor of Gerard Mathieu and for $101,600.00 in favor of his daughter, Areatha Mathieu, for damages caused when Mr. Mathieu was shot by a New Orleans police officer. The City claims:

1) It is not liable; 2) It is immune from liability pursuant to La.R.S. 9:2798.1; 3) Plaintiff's comparative negligence is too low; 4) The manufacturer of the toy gun has...

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