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JOSEPH v. PARISH OF ST. JOHN THE BAPTIST

No. 08-CA-824.

15 So.3d 1034 (2009)

Eddie JOSEPH v. The PARISH OF ST. JOHN THE BAPTIST, Counsel of St. John the Baptist Parish, Lester Millet, President, Williams Bill Terry, Councilman, Haston Lewis, Councilman, Richard Dale Wolf, Councilman, Peter Ned Duke, Councilman, Clinton Perrilloux, Councilman, Ranny Wilson, Councilman, Harold Haydel, Councilman, Joel McTopy, Councilman, Steve Lee, Councilman.

Court of Appeal of Louisiana, Fifth Circuit.

May 26, 2009.

Attorney(s) appearing for the Case

Lloyd N. Frischhertz, Jr., Dominick F. Impastato, III, Attorneys at Law, New Orleans, LA, for Plaintiff/Appellant.

Cory R. Cahn, Marcus Brown, Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, Judge.

STATEMENT OF THE CASE

On November 19, 1990, Plaintiff, Eddie Joseph ("Joseph"), was injured when the garbage truck on which he was riding as a "hopper" struck a utility pole, crushing him between the truck and the utility pole. The garbage truck was owned and operated by Fred Trosclair Garbage, Inc. The utility pole was owned and maintained by Entergy Louisiana, LLC and was located on Beech Street, a narrow, dead end street...

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