DUPLANTIER v. KREWE OF PYGMALION

Nos. 2007-CA-1034, 2008-CA-0446.

1 So.3d 570 (2008)

Michael DUPLANTIER and Kim Duplantier v. KREWE OF PYGMALION, Paidia Club, Inc., d/b/a Bards of Bohemia, Entergy Corporation, New Orleans Police Department, ABC Tractor Driver, Lloyds of London Insurance Company and DEF Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

December 3, 2008.


Attorney(s) appearing for the Case

James E. Shields, James E. Shields, APLC, Gretna, LA, for Michael Duplantier and Kim Duplantier.

Thomas E. Schwab, Barkley & Thompson, L.C., New Orleans, LA, for Paidia Club, Inc. d/b/a Bards of Bohemia and Certain Underwriters at Lloyd's, London.

Michael S. Futrell, Connick and Connick, L.L.C., Metairie, LA, for Scottsdale Insurance Company.

Joseph G. Gallagher, Shawn M. Roussel, Hulse & Wanek, PLC, New Orleans, LA, for Krewe of Pygmalion.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE, Judge ROLAND L. BELSOME).


TERRI F. LOVE, Judge.

This appeal arises from an accident along a Mardi Gras parade route. The trial court held that all of the parties sued were immune from liability pursuant to La. R.S. 9:2796, the Mardi Gras Immunity Statute. We find that the trial court erred in that all of the sued entities are not granted immunity as they were not functioning as a Mardi Gras parade crew as intended by the statute. Further, we find that a genuine issue of material fact exists...

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