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WILEY v. CITY OF NEW ORLEANS

No. 2000-CA-1544.

809 So.2d 151 (2001)

Alan P. WILEY v. CITY OF NEW ORLEANS, John Doe and Christy Lynn Curl

Court of Appeal of Louisiana, Fourth Circuit.

Opinion on Limited Grant of Rehearing January 30, 2002.

Attorney(s) appearing for the Case

John D. Rawls, New Orleans, Counsel for Plaintiff/Appellant.

Mavis Early, City Attorney, Nolan P. Lambert, Chief of Research of Opinions, John Smith, Deputy City Attorney, Frank B. Hayne, III, Assistant City Attorney, New Orleans, Counsel for Appellee.

Court composed of Judge STEVEN R. PLOTKIN, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS Jr.

Judge MICHAEL E. KIRBY.

In this case the Plaintiff, Alan P. Wiley, appeals the allocation of fault by the trial court to the unidentified driver. Defendant, the City of New Orleans, appeals the application of the law of evidence at trial and alleges the evidence was insufficient to establish negligence by a preponderance of the evidence.

STATEMENT OF FACTS

On July 5, 1993, Plaintiff Alan P. Wiley was one of two pedestrians on the sidewalk...

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