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STUART v. CITY OF MORGAN CITY

No. CA 85 1575.

504 So.2d 934 (1987)

Gary Dale STUART v. CITY OF MORGAN CITY, Parish of St. Mary and State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

March 4, 1987.

Attorney(s) appearing for the Case

Kevin Patrick Monahan, Law Office of Raymond Charles Vinet, Baton Rouge, for plaintiff.

Robert M. Mahony, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, for City of Morgan City and USF & G.

Cassandra Simms, Yolanda Johnson and Charles L. Patin, Jr., La. Dept. of Justice, Baton Rouge, for State of La., defendants and third party plaintiffs.

Before GROVER L. COVINGTON, C.J., and LANIER and ALFORD, JJ.

LANIER, Judge.

This is a suit for damages in tort in which the plaintiff alleges he dove into a lake at a public park, struck his head on the lake bottom and severed his spinal cord. Made defendants were the City of Morgan City (City), the Parish of St. Mary (Parish) and the State of Louisiana (State). The City answered and pled the defenses of assumption of risk and comparative negligence. The State answered, pled the defenses of comparative negligence and assumption...

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