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PLAUCHE v. BELL

Nos. 98-CA-2987, 99-CA-0707.

762 So.2d 130 (2000)

Julie S. PLAUCHE v. Dr. and Mrs. Kenneth BELL and Sewerage & Water Board of the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

May 3, 2000.

Attorney(s) appearing for the Case

Lawrence J. Smith, George N. Bischof, Jr., Guy H. Leland, Lawrence J. Smith & Associates, New Orleans, LA, Counsel for Plaintiff/Appellant Julie S. Plauche.

E. Ross Buckley, Jr., Buckley & Hayes, L.L.P., New Orleans, LA, Counsel for Defendant/Appellee State Farm Fire and Casualty Co.

Mary Elizabeth Paltron, Sewerage & Water Board Of New Orleans, New Orleans, LA, Counsel for Defendant-Appellee Sewerage & Water Board of New Orleans.

Michael G. Cordes, Hoffman, Siegel, Seydel, Bienvenu, Centola & Cordes, New Orleans, LA, Counsel for Plaintiffs/Appellees, Dr. And Mrs. Kenneth Bell.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge CHARLES R. JONES).

PLOTKIN, Judge.

This appeal presents an issue related to the interpretation of LSA-R.S. 9:3221, which allows a lessor, the owner of immovable property, to transfer responsibility for damages caused by defects on the property to a lessee. Also involved in this appeal is the vicarious liability of an employer for the alleged "active negligence" of its employee. The trial court ruled against the plaintiff, Julie S. Plauche, on both issues. We affirm both judgments.<...

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