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BOWEN v. SMITH

Nos. 2003-CA-0432, 2003-CA-1562.

885 So.2d 1 (2004)

Elizabeth BOWEN and Joey Cutrer, Individually and as Parents of their Minor Children, Aimee Cutrer and Matthew Cutrer, Richard and Brenda Chatelain, Individually and as Parents of their Minor Child, Richard Chatelain, III, et al. v. Louis SMITH, Housing Authority of New Orleans, Robben Karr, The Hartford Insurance Company and Zurich-American Insurance Company. Clifton Karr, Individually and as Natural Tutor for Margaret Karr v. Louis Smith, Housing Authority of New Orleans, ABC Insurance Company and DEF Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

September 8, 2004.

Attorney(s) appearing for the Case

Patrick G. Kehoe, Jr., Michael I. Rodriguez, New Orleans, LA, for Plaintiffs/Appellants, Elizabeth Bowen, et al.

William H. Voigt, Daryl A. Higgins, James J. Young, IV, Windhorst, Gaudry, Ranson, Higgins & Gremillion, L.L.C., Gretna, LA, for Zurich-American Insurance Company, Louis Smith, Housing Authority of New Orleans and Zurich Insurance Company.

W. Chad Stelly, Scott W. McQuaig, McQuaig & Stelly, Metairie, LA, for Plaintiffs/Appellees, Clifton Karr, Individually and on behalf of his Minor Child, Margaret Karr.

(Court composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS JR., Judge EDWIN A. LOMBARD).

EDWIN A. LOMBARD, Judge.

RELEVANT FACTS AND PROCEDURAL HISTORY

On or about May 19, 1997, an automobile accident occurred involving a vehicle owned by Housing Authority of New Orleans ("HANO") and being operated by Louis Smith. The other vehicle involved in the accident was a bus owned by Lake Castle Private School being operated by Robben Karr. The bus had twenty (20) children aboard, several of whom were injured, including Margaret Karr, the minor...

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