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MOLINA v. CITY OF NEW ORLEANS

Nos. 2001-CA-1411, 2001-CA-1412.

830 So.2d 994 (2002)

Roberto MOLINA, Sr. and Vicki Lynn Zulli, Individually and in Her Capacity as the Natural Tutrix of the Minor Children, Robert Molina, III and Alli Molina v. CITY OF NEW ORLEANS. Karen Grace Mann, et al. v. City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 12, 2002.

Attorney(s) appearing for the Case

Anthony J. Russo, Dean J. Favret, Favret, Demarest, Russo & Lutkewitte, New Orleans, LA, for Plaintiffs/Appellees.

Steven M. Spiegel, New Orleans, LA, for Plaintiff/Appellee (Jessica Parsons Liuzza).

Frank W. Lagarde, Jr., J. Price McNamara, Metairie, LA, for Plaintiffs/Appellees (Karen Grace Mann and Edward Mann).

Mavis S. Early, City Attorney of Orleans Parish, George C. Wallace, Chief Deputy City Attorney of Orleans Parish, Edward Reynolds, Deputy City Attorney of Orleans Parish, John M. Holahan, Jr., Assistant City Attorney of Orleans Parish, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY, III).

Judge PATRICIA RIVET MURRAY.

Plaintiffs appeal the judgment of the trial court finding the defendant, the City of New Orleans ["the City"], partially at fault for the automobile accident that precipitated this lawsuit and awarding them damages against the City. The City also appeals the judgment. For the reasons that follow, we affirm.

FACTS

On October 31, 1998, at approximately 5:30 a.m., a vehicle driven by Robert Molina, Jr....

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