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BOUTTE v. KELLY

Nos. 2002-CA-2451, 2002-CA-2452, 2002-CA-2453, 2003-CA-0436.

863 So.2d 530 (2003)

Giselle M. BOUTTE, Individually and on Behalf of Jasmine R. Boutte v. Brian KELLY, The City of New Orleans and the New Orleans Police Department. Brian Kelly v. The Estate of Warres Boutte; Gisille M. Bouttee, as Administratrix of the Estate of Warres Boutte, III; and Colonial Lloyds Insurance Company. Ivy Jean Williams, as Permanent Curator and Representative of Janet Williams; and Janet Williams, through her Permanent Curator and Representative, Ivy Jean Williams v. Bryan Kelly; The City of New Orleans; The New Orleans Police Department; Giselle M. Boutte, as Administratrix of the Succession of Warres J. Boutte, III; and Colonial Lloyds Insurance Company. Ivy Jean Williams, as Permanent Curator and Representative of Janet Williams; and Janet Williams, through her Permanent Curator and Representative, Ivy Jean Williams v. Bryan Kelly; The City of New Orleans; The New Orleans Police Department; Giselle M. Boutte, as Administratrix of the Succession of Warres J. Boutte, III; And Colonial Lloyds Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 17, 2003.

Attorney(s) appearing for the Case

Camilo K. Salas III, Jack M. Alltmont, Joy Goldberg Braun and Shirin E. Harrell, Sessions, Fishman & Nathan, L.L.P., New Orleans, LA, Counsel for Janet Williams; Edna Williams as Curatrix and Representative of Janet Williams; and Janet Williams, through her Curatrix and Representative, Edna Williams.

John D. Sileo, Allan Berger & Associates, P.L.C., New Orleans, LA, Counsel for Giselle M. Boutee, Individually and on Behalf of her Minor Child, Jasmine Boutee.

Carl J. Giffin, Jr., and Howard B. Kaplan, Bernard, Cassisa, Elliott & Davis, Metairie, LA, and Paul V. Cassisa, Jr., Bernard, Cassisa, Elliott & Davis, A PLC, Oxford, MS, Counsel for General Motors Corporation.

Charlene C. Larche, Assistant City Attorney, John E. Smith, Deputy City Attorney, Albert A. Thibodeaux, Chief Deputy City Attorney, Sherry S. Landry, Acting City Attorney, New Orleans, LA, Counsel for Bryan Kelly and the City of New Orleans.

(Court Composed of Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, and Judge MAX N. TOBIAS, JR.).

MAX N. TOBIAS, JR., Judge.

These consolidated appeals arise out of an automobile accident that occurred at the intersection of Elysian Fields Avenue and Gentilly Boulevard in New Orleans, Louisiana. After considering the record and the evidence contained therein, we affirm in part, reverse in part, amend the judgment, and render.

At approximately 4:00 a.m. on 18 May 1991, Warres Boutee and his fiancée, plaintiff Janet Williams, were riding in Mr. Boutee...

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