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TURNER v. LYONS

No. 2003-CA-0186.

867 So.2d 13 (2004)

Emma TURNER v. Michael LYONS, ABC Insurance Company, and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 27, 2004.

Attorney(s) appearing for the Case

Fred L. Herman, Law Offices of Fred L. Herman, New Orleans, LA, for Emma Turner, Isaiah Turner, Joyce Turner and Robert Tate.

Harry R. Crimm, New Orleans, LA, for Milton Turner, Ruby Turner and Arthur Turner.

Edward E. Reynolds, Deputy City Attorney, Frank B. Hayne, III, Assistant City Attorney, John Smith, Deputy City Attorney, Albert A. Thibodeaux, Chief Deputy of Litigation, Charles L. Rice, Jr., Former City Attorney, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge TERRI F. LOVE, Judge MOON LANDRIEU).

TERRI F. LOVE, Judge.

Defendants appeal the trial court's judgment awarding the substituted plaintiffs $400,000 for the survival action and $150,000 each for their wrongful death claims. It is from this judgment that Michael Lyons and the City of New Orleans appeal. For the following reasons, we affirm the trial court's findings as it pertains to the assessment of liability, but reverse the trial court's finding on quantum.

FACTS AND PROCEDURAL HISTORY...

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