CHAPLAIN v. AMERICAN EMPIRE SURPLUS LINES

No. 98-CA-1372.

731 So.2d 973 (1999)

Mark L. CHAPLAIN, et al. v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, ABC Insurance Company, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 31, 1999.


Attorney(s) appearing for the Case

Daniel L. Daboval, Eric J. Simonson, Lou Anne Milliman, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, Louisiana, Counsel for Plaintiffs/Appellants.

Christopher J. Aubert, David J. Schexnaydre, Aubert & Pajares, Metairie, Louisiana, Counsel for Defendants/Appellees.

Robert J. Young, III, Young, Richaud & Myers, New Orleans, Louisiana, Counsel for Defendants/Appellants.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MOON LANDRIEU, and Judge JAMES F. McKAY, III.


LANDRIEU, Judge.

In February of 1995, the plaintiff, a minor, was injured when he came in contact with a rope strung across a walkway behind the bleachers at Pan American Stadium in City Park. The New Orleans City Park Improvement Association (City Park) had leased the stadium to the Orleans Parish School Board pursuant to a written lease in which the Board assumed all liability. The board, in turn, had leased the stadium pursuant to a "verbal" lease to De La Salle...

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