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EZIDORE v. CITY OF NEW ORLEANS

No. 2004-CA-0763.

897 So.2d 794 (2005)

Jerome EZIDORE v. The CITY OF NEW ORLEANS By and Through the PUBLIC BELT RAILROAD COMMISSION OF the CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

February 16, 2005.

Attorney(s) appearing for the Case

David Q. Haag, Jones & Granger, Houston, TX, and Joe M. Inabnett, New Orleans, LA, for Plaintiff/Appellee.

Lawrence J. Ernst, Gregory S. Lacour, Christovich & Kearney, L.L.P., New Orleans, LA, for Defendant/Appellant.

(Court Composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, Jr.).

MAX N. TOBIAS, Jr., Judge.

This appeal arises from a claim for damages under the Federal Employers' Liability Act ("FELA")1 for injuries allegedly sustained as a result of heavy lifting done by the plaintiff, Jerome Ezidore ("Ezidore"), while employed by the Public Belt Railroad Commission of the City of New Orleans ("NOPB"). NOPB argues that because Ezidore cannot pinpoint any specific accident or occurrence on the job that caused his...

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