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OUBRE v. ESLAIH

No. 2003-C-1133.

869 So.2d 71 (2004)

Gabriel OUBRE v. Azmi ESLAIH, Reassurance of New York, Nighthawk Cab Company, Marc Williams and Allstate Insurance Company Melanie Eslaih, Wife of/and Azmi Eslaih v. Marc D. Williams, Allstate Insurance Company, and Louisiana Department of Transportation and Development Martin Mongrue v. Azmi Eslaih, Reassurance of New York, Nighthawk Cab Company, Marc Williams and Allstate Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied April 23, 2004.

Attorney(s) appearing for the Case

Sherry S. Landry, City Attorney, Albert A. Thibodeaux, Deputy City Attorney, Frank B. Hayne, III, for applicant.

Charles R. Ward, Jr., Gretna, Stephen B. Murray, New Orleans, for respondent.

VICTORY, J.

We granted the City of New Orleans' writ application to determine whether the trial court's finding of liability on the part of the New Orleans Police Department ("NOPD") in this case was manifestly erroneous. After reviewing the facts and the applicable law, we find that the plaintiff failed to present evidence that the NOPD was aware of a dangerous traffic situation which would have given rise to an affirmative duty to see that motorists were not subjected...

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