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ROGERS v. CITY OF BATON ROUGE

No. 2004 CA 1001.

916 So.2d 1099 (2005)

Robert J. ROGERS v. CITY OF BATON ROUGE.

Court of Appeal of Louisiana, First Circuit.

June 29, 2005.

Attorney(s) appearing for the Case

Michael E. Ponder, Parish Attorney, Richard B. Nevils, Assistant Parish Attorney, Baton Rouge, Counsel for Defendant-Appellant City of Baton Rouge.

Benn Hamilton, Baton Rouge, Counsel for Plaintiff-Appellee Robert J. Rogers.

Before: GUIDRY, GAIDRY, McDONALD, McCLENDON, and WELCH, JJ.

GAIDRY, J.

The City of Baton Rouge (the City) appeals a judgment of the 19th Judicial District Court, finding it partially at fault and liable to the plaintiff, Robert J. Rogers, for damages for personal injuries. We reverse the trial court's judgment for the following reasons.

FACTS AND PROCEDURAL HISTORY

Mr. Rogers, a mentally disabled, illiterate 36-year-old man, suffered a serious leg fracture as the result of a fall from his bicycle on the night...

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