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SMITH v. TREADAWAY

No. 2013-CA-0131.

129 So.3d 825 (2013)

Latate SMITH, Individually and on Behalf of Her Minor Children, Gary Swanson, Jr. and Kemis Darensbourg v. Johnny TREADAWAY, Travelers Insurance Company, the State of Louisiana through the Department of Transportation and Development and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

November 27, 2013.

Attorney(s) appearing for the Case

Joel R. Waltzer , Waltzer Wiygul & Garside, LLC, Harvey, LA, Clay J. Garside , New Orleans, LA, for Plaintiff/Appellant.

Derek M. Mercadal , Assistant City Attorney of Orleans Parish. Kimlin S. Lee. Deputy City Attorney of Orleans Parish. Sharonda R. Williams. Chief Of Litigation for Orleans Parish. Richard F. Cortizas. City Attorney of Orleans Parish. New Orleans, LA, for the City of New Orleans/Appellee.

(Court composed of Judge DANIEL L. DYSART, Judge ROSEMARY LEDET, & Judge SANDRA CABRINA JENKINS).

SANDRA CABRINA JENKINS, Judge.

This case arises out of an automobile accident. Seven year-old Gary Swanson, Jr. was hit by a car driven by Mr. Johnny Treadaway on Patterson Drive in New Orleans. Seeking damages, Gary's mother filed this suit, individually and on behalf of her two minor children ("plaintiff"), against Mr. Treadaway, his insurer, the State of Louisiana Department of Transportation and Development ("LA DOTD"), and the City of New Orleans ("City"). Plaintiffs...

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