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KELLY v. FOTI

Civ. A. No. 93-3419.

870 F.Supp. 126 (1994)

Jack KELLY v. Sheriff Charles C. FOTI, Jr., et al.

United States District Court, E.D. Louisiana.

November 23, 1994.

Attorney(s) appearing for the Case

Jack M. Alltmont, Raymond Peter Ward, Sessions & Fishman, Michael Richard Allweiss, Judith Ann Kaufman, Ellen Widen Kessler, Lowe, Stein, Hoffman, Allweiss & Hauver, New Orleans, LA, Gerald J. Martinez, Metairie, LA, for Jack G. Kelly.

Freeman Rudolph Matthews, Thomas Allen Usry, Maida Magee Riess, Usry & Weeks, Metairie, LA, Linda Pacetti Morin, New Orleans, LA, for Charles C. Foti, Jr.

Kathy L. Torregano, City Attorney's Office, New Orleans, LA, Reginald James Laurent, Laurent & Laurent, Slidell, LA, Joseph Vincent Di Rosa, Jr., New Orleans, LA, for City of New Orleans.

ORDER AND REASONS

BERRIGAN, District Judge.

The court has decided the parties' cross-motions for summary judgment. For the reasons set forth below, both motions are DENIED.

I. BACKGROUND

The plaintiff, Jack Kelly, is a forty-nine year old woman who was attending a convention in New Orleans. Shortly after midnight on the evening of November 18, 1992, Ms. Kelly was driving her rental car back to her hotel in Metairie after having celebrated...

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