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HOFFMAN v. CITY OF NEW ORLEANS

No. 99-CA-3244.

771 So.2d 217 (2000)

Wade J. HOFFMAN v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

October 4, 2000.

Attorney(s) appearing for the Case

Rene' B. Delaup, Darryl Breaux, New Orleans, LA, Counsel for Plaintiff/Appellee.

Mavis S. Early, City Attorney, Frank B. Hayne, III, Assistant City Attorney, Nolan P. Lambert, Chief of Research Opinions, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge Pro Tem. PATRICK M. SCHOTT.

PATRICK M. SCHOTT, Judge Pro Tem.

Does a four inch deep, eight to ten inch wide, dip in the turf of the outfield of a city-owned baseball park constitute an unreasonable risk of harm for an outfielder who trips in the dip while chasing a fly ball? The trial court held that it was. We reverse.

Plaintiff was the only witness to testify. The accident was in New Orleans in July. The grass was six inches high compared to three inches high when plaintiff went back...

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