ABADIE v. CITY OF WESTWEGO

No. 94-CA-536.

646 So.2d 1229 (1994)

Ancel ABADIE and Keith Surtain v. CITY OF WESTWEGO.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 17, 1995.


Attorney(s) appearing for the Case

Robert J. Bruno, Natasha R. Zimmerman, New Orleans, for plaintiffs/appellants.

John J. Molaison, Jr., W.J. LeBlanc, Gretna, for defendant/appellee.

Before DUFRESNE, WICKER and CANNELLA, JJ.


WICKER, Judge.

This appeal arises from a suit filed on behalf of plaintiffs/appellants, Ancel Abadie and Keith Surtain, against defendant/appellee, the City of Westwego, for injuries sustained when a Westwego employee, Rickey Lapine, struck these two pedestrians while he was driving a Westwego truck. Westwego pled the affirmative defense of sudden unconsciousness. The trial judge concluded Westwego had borne its burden of proving the defense and dismissed plaintiffs...

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