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YOUNG v. COSTELLO

No. 2000-CA-1750.

790 So.2d 146 (2001)

Mona YOUNG, and her Husband, David Young v. Joseph COSTELLO, The Sewerage and Water Board of New Orleans, and The City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

June 27, 2001.

Attorney(s) appearing for the Case

A. Remy Fransen, Jr., Christopher J. Fransen, Fransen & Hardin, New Orleans, LA, Counsel for Plaintiff/Appellee.

John Smith, Deputy City Attorney, Mavis S. Early, City Attorney, Frank B. Hayne, III, Assistant City Attorney, Franz Zibilich, Chief of Research of Opinions, New Orleans, La., Counsel for Defendant/Appellant.

Mary-Elizabeth Paltron, General Counsel, Jacob Taranto, III, Assistant Special Counsel, John D. Lambert, Jr., Special Counsel, Sewerage and Water Board of New Orleans, New Orleans, La., Counsel for Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES III, MIRIAM G. WALTZER and JAMES F. McKAY III, Judges.

MIRIAM G. WALTZER, Judge.

STATEMENT OF THE CASE

On 27 November 1996, Mona Young and her husband, David, sued Joseph Costello, as property owner, the Sewerage and Water Board of New Orleans (SWB) and the City of New Orleans (City) for damages allegedly sustained on 11 May 1996 when she stepped into a gap between a drain and curb, obscured by tall grass. Plaintiffs claim defendants were liable in negligence and strict liability. Mr. Young sued for loss of...

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