ALEXIUS v. BOOTH

No. 2020-CA-0332.

312 So.3d 1122 (2021)

Darlynn C. ALEXIUS and Marlon Smith v. Colette M. BOOTH and The City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

January 13, 2021.


Attorney(s) appearing for the Case

Roderick Adrian James , Morris Bart, PLC, 601 Poydras Street, 24th Floor, New Orleans, LA 70130, COUNSEL FOR PLAINTIFFS/APPELLANTS.

William R. H. Goforth , Assistant City Attorney, Tanya L. Irvin , Assistant City Attorney, NEW ORLENS CITY ATTORNEY'S OFFICE, 1300 Perdidio Street, Room 5E03, New Orleans, LA 70112, Anne Thomas , ATTORNEY AT LAW, 3510 North Causeway Boulevard, Suite 608, Metairie, LA 70002, COUNSEL FOR DEFENDANTS/APPELLEES.

(Court composed of Judge Rosemary Ledet, Judge Sandra Cabrina Jenkins, Judge Tiffany G. Chase).


Judge Rosemary Ledet

This is a tort case arising from a traffic accident. The plaintiffs—Darlynn Alexius and Marlon Smith—appeal the trial court's judgment dismissing with prejudice their claims against the defendants—Collette Booth and the City of New Orleans.1 We vacate and remand.

BACKGROUND

On August 28, 2015, the plaintiffs' vehicle was rear-ended by a vehicle being driven by New...

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