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BENOIT v. CITY OF LAKE CHARLES

No. CW2005-89.

907 So.2d 931 (2005)

Shelly BENOIT v. CITY OF LAKE CHARLES, United States Specialty Sports Association and United States National Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

July 20, 2005.

Attorney(s) appearing for the Case

H. Alan McCall, Stockwell, Sievert, Viccellio, Clements & Shaddock, L.L.P., Lake Charles, LA, for Defendants/Applicants, City of Lake Charles, United National Insurance Company, United States Specialty Sports Association.

Jeffrey T. Gaughan, Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, LA, for Plaintiff/Respondent, Shelly Benoit.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, MARC T. AMY, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

AMY, Judge.

The plaintiff seeks damages related to a fall occurring at a ballpark owned by the City of Lake Charles. The defendants filed a motion for summary judgment, asserting immunity pursuant to La.R.S. 9:2795. The trial court denied the motion. The defendants filed the instant writ application. For the following reasons, we grant in part, deny in part and remand for further proceedings.

Factual and Procedural Background

The plaintiff, Shelly...

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