Opinion
No. 94-C-1086.
June 24, 1994.
In re Sewerage Water Bd. N.O.; — Defendant(s); applying for writ of certiorari and/or review; Parish of Orleans, Civil District Court, Div. "C", Nos. 88-7882, 88-8768, 88-8770; to the Court of Appeal, Fourth Circuit, Nos. 93CA-1394, 93CA-1395, 93CA-1396.
Granted. Judgment of the court of appeal is vacated and set aside for reasons assigned by Judge Landrieu in his dissenting opinion. In a bifurcated trial, the litigant tried by the judge is entitled to have the judge make an independent determination of liability and damages without influence by the jury's determination. Case remanded to the court of appeal to conduct a de novo review of the record without giving deference to the decision of the trial judge.
WATSON, HALL and ORTIQUE, JJ., would deny the application.
DENNIS, J., not on panel.