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SHOFSTAHL v. BD. OF COM'RS OF ORLEANS LEVEE

No. 2002-CA-0018.

841 So.2d 1 (2003)

Tyson B. SHOFSTAHL and Ivar Koek v. The BOARD OF COMMISSIONERS OF THE ORLEANS LEVEE DISTRICT, The Board of Supervisors of the Louisiana State University Agricultural and Mechanical College, Acting for the University of New Orleans, and the University of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 15, 2003.

Writ Denied September 26, 2003.

Attorney(s) appearing for the Case

Thomas G. O'Brien, Roland M. Vandenweghe, Jr., Robert N. Markle, Adams & Reese LLP, New Orleans, LA, for Plaintiff/Appellant.

Richard P. Ieyoub, Attorney General, Gustave A. Manthey, Jr., Assistant Attorney General, New Orleans, LA, for Defendant/Appellee (Louisiana State University, Acting for the University of New Orleans).

Todd L. Lacoste, John J. Erny, III, Law Offices of John J. Erny, III, Metairie, LA, for Defendant/Appellee (The Board of Commissioners of the Orleans Levee District).

Scott G. Jones, Hulse & Wanek, New Orleans, LA, for Third Party Appellee (Roger Perret And The Continental Insurance Company).

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

MICHAEL E. KIRBY, Judge.

Plaintiffs ran their boat into an unlit pier at night. The trial court granted summary judgment in favor of the defendants. The plaintiffs appeal this judgment. We find that the defendants by maintaining the pier in the condition they did were a cause in fact of the accident. Nevertheless, the plaintiffs were the sole proximate and superseding cause of their maritime accident. Therefore, summary judgment was properly granted by the trial court...

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