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BURNETT v. LEWIS

Nos. 2002-CA-0020, 2002-CA-0021, 2002-CA-0022, 2002-CA-1573.

852 So.2d 519 (2003)

Jessie Ann BURNETT, Individually, and as Natural Tutrix of Rachel Lynn, James Clayborn, Taylor Brook, Van Michael, Loni Michelle, Jacob Riley, and Joshua Thomas Burnett, and Personal Representative of the Succession of James L. Burnett, Jr. v. Michael LEWIS, Troylynn Washington, State Farm Insurance Company, Usaa Casualty Insurance Company, and the City of New Orleans. Lisa Zachmann and Michael Zachmann, Individually and on Behalf of their Child, Lauren E. Zachmann v. Michael Lewis, Troylynn Washington, State Farm Mutual Automobile Insurance Company, and the City of New Orleans. Donna S. Hinojosa, Wife of Roberto Hinojosa v. Michael Lewis, Troylynn Washington, State Farm Insurance Company and the City of New Orleans. Jessie Ann Burnett, Individually, and as Natural Tutrix of Rachel Lynn, James Clayborn, Taylor Brook, Van Michael, Loni Michelle, Jacob Riley, and Jushua Thomas Burnett, and Personal Representative of the Succession of James L. Burnett, Jr. v. Michael Lewis, Troylynn Washington, State Farm Insurance Company, USAA Casualty Ins. Co., and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 29, 2003.

Attorney(s) appearing for the Case

Crawford A. Rose, III, Metairie, LA, for Lisa Zachmann, et al.

Edward F. Kohnke IV, Allen J. Krouse, III, Frilot, Partridge, Kohnke & Clements, L.C., A. Remy Fransen, Jr., Matthew R. Fransen, Fransen & Hardin, New Orleans, LA, for Plaintiffs/Appellants.

Marie A. Bookman, New Orleans, LA, for the City of New Orleans.

Emile A. Bagneris, III, Ungarino & Eckert LLC, Metairie, LA, for State Farm Mutual Insurance Company.

Wayne G. Zeringue, Jr., L.Etienne Balart, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, for Intervenor/Appellant.

(Court composed of Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO, JR.).

DAVID S. GORBATY, Judge.

FACTS AND PROCEDURAL HISTORY

On May 5, 1998, a Nissan Altima driven by Troylynn Washington struck a Ford Explorer driven by Michael Lewis at the intersection of Camp and Poydras Streets. The impact between the two vehicles caused the Explorer to roll over and strike a traffic signal support located at the intersection. The actual traffic signal became detached from the pole and subsequently struck Lisa Zachmann, a pedestrian...

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