Preview:

Editor's note: opinion released August 31, 2000

SUPREME COURT OF LOUISIANA No. 99-C-3651 LAWRENCE DUPREE versus CITY OF NEW ORLEANS and SEWERAGE AND WATER BOARD OF NEW ORLEANS ******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS ******************** KNOLL, JUSTICE* This case involves a single-vehicle accident caused by a large cave-in on a street in New Orleans. On May 26, 1994, the plaintiff, Lawrence Dupree, Sr. ("Dupree") was operating his pick-up when he struck the cave-in and lost control of his vehicle causing him to suffer severe, permanent, and disabling injuries. The trial court rendered judgment in favor of the plaintiff and against the Sewerage & Water Board ("S&WB"), finding it 100% at fault. The Fourth Circuit Court of Appeal affirmed, concluding that the actions and inactions of the S&WB caused the accident and resulting injuries to Dupree. We affirm, concluding that the S&WB is liable for plaintiff's injuries because of its legal fault arising out of a thing in its custody or garde that had a vice or defect that presented an unreasonable risk of harm to the motoring public and that defect was the cause-in-fact of Dupree's damages. FACTS On May 26, 1994, Dupree was operating his 1994 Mitsubishi pick-up traveling northbound on Gordon Street in New Orleans, Louisiana. At around 7:30 p.m., the

*

Traylor, J., not on panel. See Rule IV, Part 2,

Download 1999-C-3651 LAWRENCE DUPREE v. CITY OF NEW ORLEANS, ET AL., SEWERAGE AND WATER B

Louisiana Law