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CAILLOUET v. CITY OF NEW ORLEANS

No. 2002-CA-0475.

834 So.2d 521 (2002)

Helen Tasker, Wife of and Chip F. CAILLOUET v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

November 26, 2002.

Attorney(s) appearing for the Case

Clement P. Donelon, Metairie, LA, for Plaintiff/Appellee.

George C. Wallace, Chief Deputy City Attorney, Arlene Lombard Compass, Deputy City Attorney, Annabelle H. Walker, Deputy City Attorney, Charles L. Rice, Jr., City Attorney, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge STEVEN R. PLOTKIN, Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY).

STEVEN R. PLOTKIN, Judge.

We are called upon to decide whether an amateur-volunteer rescuer is owed a duty of reasonable care by a professional rescuer, and if so, does the doctrine of comparative fault and governmental immunity apply. We hold that a professional rescuer owes a duty of reasonable care to the volunteer rescuer, comparative fault is applicable within a duty/risk analysis, but the doctrine of governmental immunity...

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