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BRULE' v. AUDUBON COM'N

No. 2004-CA-1774.

902 So.2d 403 (2005)

Alma M. BRULE' v. The AUDUBON COMMISSION, Tommie Hall, Waste Management of Louisiana, L.L.C., Reliance Insurance Company and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 20, 2005.

Attorney(s) appearing for the Case

Emile A. Bagneris, III, Shannon M. Bruno, Ungarino & Eckert L.L.C., Metairie, Louisiana, for Defendants/Appellees, Waste Management of Louisiana, LLC and Reliance Insurance Company.

Henry W. Kinney, John W. Ellinghausen, Krystena L. Harper, Kinney & Ellinghausen, New Orleans, Louisiana, for Defendant/Appellant, Audubon Commission.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge TERRI F. LOVE).

JAMES F. McKAY III, Judge.

On September 16, 1999, a Waste Management vehicle, driven by Tommie Hall, was traveling on Magazine Street in the area of the Audubon Institute when it struck a low hanging tree branch. The impact caused the branch to break and fall. The branch struck Alma Brule' and knocked her to the ground.

On September 14, 2000, Ms. Brule' filed suit against the Audubon Commission, Tommie Hall, Waste Management of Louisiana, L.L.C. (Waste Management...

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