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MARZIALE v. NEW ORLEANS POLICE DEPT.

No. 2012-CA-1713.

124 So.3d 1152 (2013)

Michael MARZIALE v. NEW ORLEANS POLICE DEPARTMENT C.C.M.S.I.

Court of Appeal of Louisiana, Fourth Circuit.

September 18, 2013.

Attorney(s) appearing for the Case

Alan Bruce Tusa , Carol T. Richards , M. Damian Marinello , Tusa & Richards, L.L.C., Covington, LA, for Plaintiff/Appellant, Michael Marziale.

Michael S. Rodriguez , Craig B. Mitchell , Mitchell & Associates, APLC, New Orleans, LA, for Defendant/Appellee, City of New Orleans/New Orleans Police Department.

(Court composed of Chief Judge JAMES F. McKAY III, Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE).

TERRI F. LOVE, Judge.

The plaintiff suffered a stroke while working with the underage drinking taskforce and made a claim for workers' compensation, which was disputed. The City of New Orleans filed a Motion for Summary Judgment, which was granted and the plaintiff's claims were dismissed with prejudice. We find that the workers' compensation court weighed the credibility of the plaintiff's evidence and erroneously granted the Motion for Summary Judgment because genuine...

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