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WILLIAMS v. STEWART

No. 2010-CA-0457.

46 So.3d 266 (2010)

Flora WILLIAMS v. James STEWART, Orleans Parish Criminal Sheriff's Department, City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 21, 2010.

Attorney(s) appearing for the Case

W. James Singleton , The Singleton Law Firm, Shreveport, LA, for Lucky Williams , Claude Williams , and Tab Williams ( Through Barbara Williams ).

Freeman R. Matthews , John F. Weeks II , T. Allen Usry , Usry, Weeks & Matthews, New Orleans, LA, for Defendants/Appellants.

(Court composed of Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY, Judge PAUL A. BONIN).

PATRICIA RIVET MURRAY, Judge.

This is a survival action under La. C.C. art. 2315.1. This action arises out of a pedestrian-automobile accident. The trial court's finding of comparative fault—fifty percent to both the pedestrian and the driver—is not disputed. The principal issues on appeal are causation and damages.

FACTUAL AND PROCEDURAL BACKGROUND

On November 19, 2003, Flora Williams, an eighty-eight year old pedestrian, was attempting...

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