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CARTER v. COX CABLE, NEW ORLEANS

Nos. 2000-CA-1934, 2000-CA-1935, 2000-CA-1936, 2000-CA-1937.

806 So.2d 24 (2001)

Cheryl CARTER v. COX CABLE, NEW ORLEANS, Sewerage and Water Board of New Orleans, City of New Orleans. Alicia Torres, Wife of/and Hector Torres v. Insurance Company of North America, Greyhound Lines, Inc., Southeast Transit Management of Louisiana, Inc., d/b/a Regional Transit Authority, Cheryl L. Carter, The City of New Orleans, Cox Cable New Orleans, Inc., et al. Constitution State Insurance Company and The Estate of Harold A. Dempsey, Appearing Through Executrix, Mary Cora Derussy v. The REGIONAL TRANSIT AUTHORITY, Cheryl C. Carter, The City of New Orleans, and The Sewerage and Water Board of New Orleans. Greyhound Lines, Inc. v. Cox Cable of New Orleans, Inc., Continental Insurance Company, Sewerage and Water Board of New Orleans and City Of New Orleans Through the Department Of Streets.

Court of Appeal of Louisiana, Fourth Circuit.

December 12, 2001.

Attorney(s) appearing for the Case

Henry P. Julien, Jr., New Orleans, LA, Counsel for Plaintiff/Appellee, Cheryl Carter.

Michael R. Zsembik, Metairie, LA, Counsel For Plaintiff-Appellee/Constitution State Ins. Co.

James Minge, Berit C. Hanna, James Minge & Associates, New Orleans, LA, Counsel for Plaintiff-Appellee, Alicia Torres.

Geoffrey J. Orr, Campbell, McCraine, Sistrunk, Anzelmo & Hardy, Metairie, LA, Counsel for Greyhound Lines, Inc., Cheryl Carter and the Regional Transit Authority.

Mary-Elizabeth Paltron, General Counsel, Jacob Taranto, III, Asst. Special Counsel, John D. Lambert, Jr., Special Counsel, Sewerage and Water Board of N.O. New Orleans, LA, Counsel for Defendant-Appellant.

Lawrence J. Centola, Jr., Hoffman, Sutterfield, Seydel, Bienvenu, Centola Cordes, New Orleans, LA, Counsel for Defendant-Appellant, Cox Cable.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judge JAMES F. McKAY, III, and Judge DENNIS R. BAGNERIS, Sr.

BAGNERIS, Judge.

Defendants, Cox Cable of New Orleans ("Cox Cable"), and the Sewerage and Water Board of New Orleans ("S & W Board") seek to reverse the judgment of the trial court. The trial court rendered judgment in favor of the plaintiffs, Cheryl Carter and Alicia Torres. The trial court allocated fault between Cox Cable and the S & W Board, fifty-fifty (50%-50%). For the assigned reasons, we affirm.

FACTS

On November 23, 1998...

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