MAAG v. CITY OF NEW ORLEANS

No. 2003-CA-1664.

872 So.2d 544 (2004)

William D. MAAG, Sr. v. CITY OF NEW ORLEANS and New Orleans Public Belt Railroad.

Court of Appeal of Louisiana, Fourth Circuit.

April 7, 2004.


Attorney(s) appearing for the Case

Patrick H. Hufft, Hufft & Hufft, APLC, New Orleans, LA, for Plaintiff/Appellant, William D. Maag, Sr.

David S. Kelly, Robert S. Emmett, Lemle & Kelleher, L.L.P., New Orleans, LA, for Appellee, Illinois Central Railroad Company.

(Court Composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS JR., and Judge LEON A. CANNIZZARO, JR.).


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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