Norris v. City of New Orleans

12 Citing cases

  1. Jones v. City of N. O.

    840 So. 2d 620 (La. Ct. App. 2003)   Cited 1 times

    Lack of causation, particularly a finding of one hundred per cent third-party causation, defeats liability under either LSA-C.C. Art. 2315 or LSA-C.C. Art. 2317. In Norris v. The City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983), and Orazio v. Durel, 407 So.2d 75 (La.App. 4th Cir. 1981), a motorist's negligence in entering an intersection when he knew the traffic light was malfunctioning was the cause of the accident, exonerating the City from liability under LSA-C.C. Art. 2315 or LSA-C.C. Art. 2317. In this case, the trial court found the negligence of the two drivers to be one hundred per cent of the cause of the accident.

  2. Melancon v. Lafayette

    719 So. 2d 694 (La. Ct. App. 1998)   Cited 1 times

    In brief to this court, the City advances the same position, raising additional cases for consideration. See Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4 Cir. 1983); Orazio v. Durel, 407 So.2d 75 (La.App. 4 Cir. 1981).

  3. Withers v. Regional Trans.

    669 So. 2d 466 (La. Ct. App. 1996)   Cited 2 times

    On March 7, 1994, NOPSI's initial motion for summary judgment was denied by the trial judge, who cited this court's opinion in Lemire v. New Orleans Public Service, Inc., 538 So.2d 1151 (La.App. 4th Cir.), writs denied, 542 So.2d 1383 and 543 So.2d 2 (La. 1980), which stated, in pertinent part, as follows: Under a negligence theory there must be a showing that NOPSI knew or should have known the lights were not working, and that it failed to repair them. See, Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983) and the cases cited therein. The record is clear that no such showing has been made.

  4. Lemire v. New Orleans Public Service

    538 So. 2d 1151 (La. Ct. App. 1989)   Cited 9 times
    Finding liability on statutory grounds and disagreeing with Shafouk Nor El Din Hamza v. Bourgeois, supra

    Under a negligence theory there must be a showing that NOPSI knew or should have known the lights were not working, and that it failed to repair them. See, Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983) and the cases cited therein. The record is clear that no such showing has been made.

  5. Vantrige v. Lloyd's of Louisiana Ins. Co.

    543 So. 2d 603 (La. Ct. App. 1989)   Cited 3 times

    To be liable in negligence the City must have had actual or constructive notice that a danger existed. Ponthier v. City of New Orleans, 496 So.2d 1050 (La.App. 4th Cir. 1986); writ denied 498 So.2d 15 (La. 1986); Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983). A parish acts negligently when a defective traffic control device causes injury and the parish has either actual or constructive notice of the defective condition and fails to correct it within a reasonable time.

  6. Lenoir v. Sewerage and Water Bd.

    535 So. 2d 490 (La. Ct. App. 1989)   Cited 3 times
    In Lenoir v. Sewerage and Water Board of New Orleans, 535 So.2d 490, 493 (La. App. 4th Cir. 1988), the plaintiff sued the NOS WB when she fell in a hole dug by the NOS WB during the course of its excavation near a clean-out in repairing its lines.

    The S WB relies on two cases in arguing that it is only liable for negligence if it had actual or constructive knowledge of the defect. Clairmont v. City of New Orleans, 492 So.2d 1247 (La.App. 4th Cir. 1986); Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983). The trial court specifically found that the S WB had knowledge because they were responsible for making the hole.

  7. Watson v. Dept., Transp. Development

    529 So. 2d 427 (La. Ct. App. 1988)   Cited 9 times

    To be liable in negligence, a governmental authority must have had actual or constructive notice that a danger existed. Ponthier v. City of New Orleans, 496 So.2d 1050 (La.App. 4th Cir. 1986), writ denied, 498 So.2d 15 (La. 1986); Norris v. City of New Orleans, 433 So.2d 392 (La. App. 4th Cir. 1983). In the instant case, the evidence established that the yield sign controlling the traffic exiting the northbound lane of La. Highway 1 had been damaged prior to plaintiff's accident.

  8. Hayes v. City of New Orleans

    527 So. 2d 1002 (La. Ct. App. 1988)   Cited 6 times
    In Hayes, the Fourth Circuit held that the motorist's failure to stop at the malfunctioning light was the proximate cause of the victim's injuries rather than the municipality's malfunctioning light.

    Lack of causation, particularly a finding of one hundred per cent third-party causation, defeats liability under either LSA-C.C. Art. 2315 or LSA-C.C. Art. 2317. In Norris v. The City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983), and Orazio v. Durel, 407 So.2d 75 (La.App. 4th Cir. 1981), a motorist's negligence in entering an intersection when he knew the traffic light was malfunctioning was the cause of the accident, exonerating the City from liability under LSA-C.C. Art. 2315 or LSA-C.C. Art. 2317. In this case, the trial court found the negligence of the two drivers to be one hundred per cent of the cause of the accident.

  9. Ponthier v. City of New Orleans

    496 So. 2d 1050 (La. Ct. App. 1986)   Cited 9 times
    In Ponthier, the court exonerated the City after concluding that the obstructed sign was not the legal cause of the collision, but rather it was the inattentiveness of the driver entering the favored road. 496 So.2d at 1053.

    To be liable in negligence, the City must have had actual or constructive notice that a danger existed. Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983). Under the circumstances of the instant case, where there is no record of complaints prior to the collision or any prior occurrence to put the City on constructive notice of the missing sign, we hold that plaintiffs failed to meet their burden of proof and the trial judge erred in concluding that the City knew or should have discovered that the intersection posed a danger or that "vandals had destroyed or moved the sign. . . ."

  10. Clairmont v. City of New Orleans

    492 So. 2d 1247 (La. Ct. App. 1986)   Cited 7 times
    In Clairmont the vehicle was parked on Royal Street in downtown New Orleans. Plaintiff exited from the right front passenger side and opened the right rear door and took out a package.

    Because no showing was made that the City, in the instant case, had notice of the existence of the pot hole, no finding of liability based on negligence can be made. See Norris v. City of New Orleans, 433 So.2d 392 (La.App. 4th Cir. 1983). STRICT LIABILITY OF THE CITY