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HEBERT v. ST. PAUL FIRE AND MARINE INS.

No. 99-CA-0333.

757 So.2d 814 (2000)

Lisa Ballantin HEBERT v. ST. PAUL FIRE AND MARINE INSURANCE COMPANIES, New Orleans Track Club, Inc., and the Road Runners Club Of America.

Court of Appeal of Louisiana, Fourth Circuit.

February 23, 2000.

Attorney(s) appearing for the Case

Leonard J. Cline, Jr., Metairie, Louisiana, Attorney for Plaintiff.

J. Michael Daly, Jr., Law Offices of Robert E. Birtel, Metairie, Louisiana, Attorney for Defendants.

(Court composed of Chief Judge ROBERT J. KLEES, Judge MIRIAM G. WALTZER, Judge MOON LANDRIEU, Judge PATRICIA RIVET MURRAY and Judge JAMES F. McKAY, III).

KLEES, Chief Judge.

Plaintiff, Lisa Hebert, filed this suit against the New Orleans Track Club (hereinafter "NOTC") to recover damages for injuries she sustained when she stepped into a pothole during a road race sponsored by the NOTC. Plaintiff alleged that the NOTC was negligent in failing to remedy a dangerous condition on the racecourse and in failing to warn plaintiff of that condition. Defendant moved for summary judgment arguing that it did not have custody...

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