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SCARBROUGH v. O.K. GUARD DOGS

Nos. 2003 CA 1243, 2003 CA 1244.

879 So.2d 239 (2004)

Winafred SCARBROUGH, Individually and as Natural and Legal Tutrix of the Estate of Her Minor Son, Eric Scarbrough, Leneka Scarbrough and Jarmonica Scarbrough v. O.K. GUARD DOGS, Oree K. Knighten, Jr., Government Employees Insurance Company and ABC Insurance Company. Dwayne Forkner, Individually and as Father of Eric Scarbrough v. O.K. Guard Dogs, Oree K. Knighten, Jr. and Government Employees Insurance Company.

Court of Appeal of Louisiana, First Circuit.

May 14, 2004.

Attorney(s) appearing for the Case

Aidan C. Reynolds, Christopher L. Whittington, Baton Rouge, Counsel for Plaintiffs/Appellees Winafred Scarbrough, et al.

John F. McKay, Baton Rouge, Counsel for Plaintiffs/Appellees Dwayne Forkner, et ux.

Joel Porter, Baton Rouge, Counsel for Intervenor/Appellee Joel Porter.

Randy B. Ligh, Gwendolyn K. Brown, Assistant Parish Attorney, Baton Rouge, Counsel for Defendant/Appellant City of Baton Rouge, et al.

Before: PETTIGREW, DOWNING and McCLENDON, JJ.

DOWNING, J.

This appeal addresses the liability of the City of Baton Rouge/Parish of East Baton Rouge (City/Parish) for an accident resulting in the death of a twelve-year-old child on a narrow street it owned and maintained. The jury, in a bifurcated trial,1 found the City/Parish negligent in causing the child's wrongful death. It found that the City/Parish street was defective, that it posed an unreasonable risk of harm, and that the...

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