MAX N. TOBIAS, JR., Judge.
On or about 4 May 2001, William Maag ("Maag") was driving a 1994 Freightliner 18-wheel truck in New Orleans on Tchoupitoulas Street when he struck a pothole in the road. The pothole exposed railroad tracks that had been paved over by the City of New Orleans and the resulting impact broke the axle of the truck and injured Maag when he struck the roof of the cab of his truck. On 23 January 2002, Maag filed suit against the City of New Orleans...
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