DOCSLIB.ORG

Not Designated for Publication Barbara Perez

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Not Designated for Publication Barbara Perez NOT DESIGNATED FOR PUBLICATION BARBARA PEREZ * NO. 2005-CA-0861 VERSUS * COURT OF APPEAL SUSAN M. GELPI AND * FOURTH CIRCUIT ALLSTATE INSURANCE COMPANY * STATE OF LOUISIANA * * * * * * * APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 97-22336, DIVISION “G-11” Honorable Robin M. Giarrusso, Judge * * * * * * JUDGE MAX N. TOBIAS, JR. * * * * * * (COURT COMPOSED OF JUDGE TERRI F. LOVE, JUDGE MAX N. TOBIAS, JR., AND JUDGE EDWIN A. LOMBARD) MARY ANN HAND SALVADOR E. GUTIERREZ, JR. GUTIERREZ & HAND 111 NORTH CAUSEWAY BOULEVARD SUITE 101 MANDEFILLE, LA 70448 COUNSEL FOR PLAINTIFF/APPELLEE WM. RYAN ACOMB CHAUNTIS T. JENKINS PORTEOUS, HAINKEL & JOHNSON 704 CARONDELET STREET NEW ORLEANS, LA 70130-3774 COUNSEL FOR DEFENDANTS/APPELLANTS AFFIRMED IN PART; REVERSED IN PART; VACATED IN PART; RENDERED. This case arises from an automobile accident on 24 February 1997 that occurred when the plaintiff, Barbara Perez (“Perez”), rear-ended a stalled, abandoned vehicle while merging onto the Pontchartrain Expressway, a portion of interstate highway where Interstate 10 East (“I- 10”) and Interstate 610 East (“I-610”) join. The stalled vehicle had broken down and been left in the far right lane of travel by the defendant, Susan Gelpi Joffrion (“Gelpi”), and her husband, Rene Joffrion (“Joffrion”), while they walked to their home to call a tow truck. Perez sustained neck and back injuries in the accident and filed suit against Gelpi and Allstate Insurance Company (“Allstate”), Gelpi’s automobile liability insurance carrier, on 23 December 1997. Prior to trial, Perez stipulated that her damages were no more than $50,000.00. As a result, the case proceeded to a bench trial on 16 February 2005. At trial, Gelpi, Joffrion, Perez, and her husband, Rene Vincent Perez (“Mr. Perez”), testified and Perez’s medical records were admitted into evidence. Gelpi testified at trial that at approximately 7:00 a.m. on the morning of the accident she and Joffrion had left their residence in New Orleans and attempted to merge onto I-10 using the Canal Boulevard entrance ramp. While in the far right merge lane, in attempting to enter the flow of traffic, the vehicle’s engine suddenly died. Joffrion was driving at the time and he let the vehicle roll to a stop in the right lane of travel. Gelpi testified that no shoulder was present on the road at the spot where their vehicle died. Because they thought it would be too dangerous to stay with the vehicle, Gelpi and Joffrion decided to walk back to their home to call a tow truck. Gelpi testified that they engaged the hazard lights on the vehicle before they began walking to their house. Although they both knew of the presence of the Troop B police station a few blocks away, they decided to walk to their house, which took them approximately 25 minutes. Once they arrived at their house, they called the towing company to remove the vehicle from the interstate. Perez testified that at approximately 8:40 a.m. on the day of the accident, she was merging onto the Pontchartrain Expressway en route to New Orleans East to visit her mother, when she suddenly hit a stopped, abandoned vehicle which had been left in the far right lane of traffic. Perez described the accident: It was early in the morning and the traffic was pretty heavy. I was in the right-hand lane, and people can merge on, and people that are going straight can merge off. So, I was trying to merge to the right to get on the interstate to make the loop, but there is a car that crossed in front of me. We kind of crisscrossed each other. As soon as I switched into that far right lane to get on the interstate turn, I just hit this stalled, abandoned vehicle. According to Perez, the vehicle did not have any hazard lights on, and displayed no sign, such as a raised hood, to give a warning to oncoming motorists that the vehicle was broken down. Further, while she admitted that no shoulder was present at the spot where the vehicle broke down in which to stop or push the car, she noted that a shoulder was present a short distance ahead. She testified that an elevated sidewalk existed right next to the site of the accident, from which she was able to flag down a motorist to assist her and who had called the police. She further testified that her husband, who had no prior knowledge of the accident (he came upon the scene and recognized his wife’s car), was able to pull over onto a shoulder on the side of the road just before the site of the accident. The police arrived shortly thereafter. Mr. Perez testified that he arrived at the scene approximately fifteen minutes after the accident had occurred. He testified that when he arrived, no headlights or flashing lights were on Gelpi’s vehicle, although he admitted that he did not know whether any lights on Gelpi’s vehicle had been engaged prior to the accident. The trial court entered judgment in favor of Perez, awarding her $50,000.00 plus costs and interest. In its reasons for judgment, the trial court found that Gelpi violated La. R.S. 32:141, which provides: A. Upon any highway outside of a business or residence district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway when it is practicable to stop, park or leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such highway. B. The provisions of this Section shall not apply to the driver of any vehicle which is disabled while on the main traveled portion of a highway so that it is impossible to avoid stopping and temporarily leaving the vehicle in that position. C. The driver of any vehicle left parked, attended or unattended, on any highway, between sunset and sunrise, shall display appropriate signal lights thereon, sufficient to warn approaching traffic of its presence. D. In the event of a motor vehicle accident, if the driver is not prevented by injury and the vehicle is not disabled by the accident, or the accident has not resulted in serious injury or death of any person, the driver shall remove the vehicle from the travel lane of the highway to the nearest safe shoulder. Compliance with the provisions of this Subsection shall in no way be interpreted as a violation of the requirements to remain at the scene of an accident provided for in the Highway Regulatory Act or by R.S. 32:414. The court noted that neither Gelpi nor Joffrion made any attempt to flag down traffic or to timely warn traffic that their vehicle was obstructing the right lane. Further, they did not lift the hood of the vehicle to make it more visible. The trial court found that Gelpi and Joffrion acted unreasonably in walking to their house instead of the much closer Troop B station. No percentage of fault was attributed to Perez. Gelpi and Allstate appealed the judgment of the trial court, assigning two errors. First, Gelpi and Allstate assert that the trial court erred in not assigning Perez any fault, insofar as they assert that she failed to keep a proper lookout when she was changing lanes. Second, they challenge the quantum awarded by the trial court, insofar as they argue that Perez had pre- existing back injuries as well as back injuries subsequent to the accident for which the trial court compensated her, even though those injuries were not proximately caused by the accident. R.S. 32:141 clearly imposes a statutory duty on drivers of vehicles stalled on roadways to display signal lights to warn oncoming traffic between sundown and sunrise. It is undisputed that this accident occurred well after sunrise; therefore, Gelpi is not statutorily negligent in this regard. No statutory requirement exists to display signal lights during daylight hours. Therefore, the trial court erred in finding that Gelpi and Joffrion violated R.S. 32:141. In fact, one might read subsection (B) of that statute as exculpatory of Gelpi and Joffrion, insofar as it is undisputed that the vehicle was broken down and had to be left temporarily. Conversely, R.S. 32:79 provides, in pertinent part, the following: Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply. (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. Perez’s own testimony establishes that she did not make sure that the right lane was clear before she merged into it. In fact, Perez admitted that she never saw Gelpi’s stalled vehicle before she hit it, because she had let another vehicle cross in front of her while she changed lanes. Although we recognize that this type of merging behavior is common, especially at these interchanges, it does not negate a driver’s duty to first ascertain that she may change lanes safely before doing so. As such, we agree with appellants that Perez violated R.S. 32:79. Therefore, given the uncontroverted testimony of the parties, we find that Gelpi was not statutorily negligent, while Perez was.
Load more

Recommended publications
  • Maps/Mapas Schedules/Horarios
    ransit - , T r d ransit (504) T o request a mación T ferson Parish f r ferson Parish f , or age. y ransit Operations: T A accessible. ransit.org , disabilit D r T s nondiscrimination policies or to file a o para presentar una queja pòngase en T . A D ransit does not discriminate on the basis of race, ransit no discrimina basado en raza, colo T T mation/Info r .Jefferson w , national origin, gende ransit r ferson Parish ferson Parish f f or alternate formats, call ransit Operations: 818-1077 odos los autobuses tienen accesibilidad ditional information on JeT’ complaint, contact the General Manager of Je All buses are A (Bus will kneel or lift be deployed upon request) T conforme a A colo F T recibir esta información por Si necesita otro medio, llame a ww Je Printed October 2015 818-1077 818-1077. nacionalidad de origen, sexo, edad ni impedimentos fìsicos o men- tales. Para solicitar màs informaciòn acerca de las regulaciones antidiscriminatorias de Je contacto con el General Manager de Je (504) 818-1077. Je Jefferson T Info Maps/Mapas Schedules/Horarios How to Use the Schedule Cómo usar el Horario • Find the time point stop (at the top of the schedule table) that is • Encontrar la parada programada (en la parte superior de la tabla de closest to the where you will get on the bus. programación) que es la más cercana a la que se sube al autobús. • Select the schedule (Monday-Friday, Saturday & Holiday, • Seleccione el horario para el día (de lunes a viernes, sábados y días Sunday) for when you will travel.
    [Show full text]
  • Riverfront Expressway Cancellation, Shuddering at the New Orleans That Could Have Been
    Geographies of New Orleans Fifty Years After Riverfront Expressway Cancellation, Shuddering at the New Orleans That Could Have Been Richard Campanella Geographer, Tulane School of Architecture [email protected] Published in the New Orleans Picayune-Advocate, August 12, 2019, page 1. Fifty years ago this summer, reports from Washington D.C. reached New Orleans that John Volpe, secretary of the Department of Transportation under President Richard Nixon, had cancelled the Riverfront Expressway—the high-speed, elevated interstate slated for the French Quarter. The stunning news, about a wildly controversy plan that had divided the community for years, was met with elation by the city’s growing preservationist movement, and head-shaking disappointment by local leaders in both the public and private sectors. A half-century on, the cancellation and the original proposal invite speculation —part mental exercise, part cautionary tale—about what greater New Orleans might look like today had the Riverfront Expressway gone forward. And it very nearly did: conventional wisdom at the time saw the new infrastructure as an inevitable step toward progress, following the lead of many other waterfront cities, including New York, San Francisco, and Seattle. But first, a recap on how the New Orleans plan got to Volpe’s desk. Rendering from Robert Moses' Arterial Plan for New Orleans, 1946, page 11, courtesy collection of R. Campanella The initial concept for the Riverfront Expressway emerged from a post-World War II effort among state and city leaders to modernize New Orleans’ antiquated regional transportation system. Toward that end, the state Department of Highways hired the famous—many would say infamous—New York master planner Robert Moses, who along with Andrews & Clark Consulting Engineers, released in 1946 his Arterial Plan for New Orleans.
    [Show full text]
  • This Book Is Dedicated to the People of New Orleans. I Have Not Forgotten Your Struggle
    This Book is dedicated to the people of New Orleans. I have not forgotten your struggle. i I want to also dedicate this book to Rachel. I am truly blessed to have had her by my side throughout this wild adventure. ii Table of Contents Chapter 1 N.O.L.A.. 1 Jazz. 12 Mardi Gras. 14 Balconies. 16 Chapter 2 My First Visit. 19 Bourbon Street. 20 Haunted History. 22 Marie Laveau . 24 Lafitte’s Blacksmith Shop. 28 Chapter 3 My Second Visit. .31 Hotel Monteleone. 32 Jackson Square. 36 Pirate’s Alley. 38 French Market. 40 Café du Mondé . 42 The Riverwalk. 44 Pat O’Briens. 46 iii Chapter 4 Hurricane Katrina. 49 August 29 , 2005 . 50 Philip. 54 Chapter 5 My Third Visit. 59 Rebirth . 60 The French Quarter. 62 9th Ward. .64 Lake Pontchartrain . 68 Mississippi - Gulf of Mexico . 72 The Frenchmen Hotel. 76 The Court of Two Sisters . .78 Signs . 80 Water Towers.. 86 iv Appendixes Appendix A.. ��������������������������������������������������������������� 91 Appendix B.. ���������������������������������������������������������������97 Appendix C.. ���������������������������������������������������������������99 Appendix D. 100 Index . .101 One of the many Katrina Memorial Fleur-de-Lis’ dedicated around New Orleans. v All Fleur-de-lis’ are hand painted by local artists. vi Chapter X1 N.O.L.A. XXXXXXXXXXXXNew Orleans, Louisiana In 1682, Frenchmen Robert de La Salle sailed the Mississippi River and erected a cross somewhere near the location of New Orleans. He claimed Louisiana for his king, Louis XIV. The first French settlements were established on the Gulf Coast at Biloxi. Thirty-six years later, Jean Baptiste Le Moyne de Bienville established a settlement on the Lower Mississippi River at New Orléans.
    [Show full text]
  • LAKE PONTCHARTRAIN CAUSEWAY HAER LA-21 and SOUTHERN TOLL PLAZA Causeway Boulevard Metairie Jefferson Parish Louisiana
    LAKE PONTCHARTRAIN CAUSEWAY HAER LA-21 AND SOUTHERN TOLL PLAZA Causeway Boulevard Metairie Jefferson Parish Louisiana PHOTOGRAPHS COPIES OF COLOR TRANSPARENCIES WRITTEN HISTORICAL AND DESCRIPTIVE DATA HISTORIC AMERICAN ENGINEERING RECORD National Park Service U.S. Department of the Interior 100 Alabama Street, SW Atlanta, Georgia 30303 HISTORIC AMERICAN ENGINEERING RECORD LAKE PONTCHARTRAIN CAUSEWAY AND SOUTHERN TOLL PLAZA HAER LA-21 Page 1 Location: The Lake Pontchartrain Causeway spans Lake Pontchartrain from Causeway Boulevard in Metairie, Jefferson Parish to Highway 190, Mandeville, St. Tammany Parish, Louisiana. The southern Toll Plaza was located at the Jefferson Parish terminus of the Lake Pontchartrain Causeway. The Northern Terminus of the Lake Pontchartrain Causeway is located at 30.365 and -90.094167. The Southern Terminus is located at 30.02 and - 90.153889. This information was acquired using Google Earth imagery. There are no restrictions on the release of this information to the public. USGS Quadrangle maps (7.5 minute series): (north to south) Mandeville, Spanish Fort NE, West of Spanish Fort NE, Indian Beach There are no restrictions on this information. Owner: Greater New Orleans Expressway Commission Present Use: Vehicle Bridge Significance: When completed in 1956, the Lake Pontchartrain Causeway was the world’s longest bridge. This record was broken by completion of the parallel span in 1969. At 23.87 miles long, the Causeway is the world’s longest continuous span over water. The prestressed, pre-cast concrete structural system displays mid-twentieth century technology that typifies modern bridge construction techniques. In addition, the Causeway is significant in the development of the Jefferson and St.
    [Show full text]
  • La Mare a Bore at Center Left
    Geographies of New Orleans A 'Lake' in Broadmoor? Natural Paradise Once Graced Uptown's Last Open Tract Richard Campanella Contributing writer, GEOGRAPHIES OF NEW ORLEANS Published in the Times-Picayune/New Orleans Advocate, November 1, 2020, page A1 Conversations with older residents of the Broadmoor and Fontainebleau neighborhoods often prompt recollections of a “lake” in that vicinity prior to its urbanization. Indeed, a 1922 aerial photograph shows a large undeveloped tract—the last in the area—between Jefferson and Nashville avenues, going back from South Claiborne Avenue to Gert Town. Having subsided to a few feet below sea level, those open fields probably accumulated runoff after heavy rains, creating what looked like what many secondary sources describe as a “twelve-acre lake” in Broadmoor. But if we go back a century earlier, there turns out to be more to the story than a muddy field. Descriptive evidence comes from the pen of famed lawyer and narrative historian Charles Gayarré, who grew up on the plantation encompassing that low spot, and wrote of his memories in an 1886 Harper’s New Monthly Magazine article titled “A Louisiana Sugar Plantation of the Old Regime.” Gayarré was the grandson of Etienne de Boré, the man widely credited—thanks in part to Gayarré’s own dramatized recounting—with figuring out how to granulate locally grown sugarcane juice. That 1795 breakthrough led to a massive expansion of sugar cultivation in lower Louisiana, and of the institution of slavery on which it depended. De Bore’s plantation extended from the present-day 6000 to 6300 blocks of Tchoupitoulas Street straight back to what is now the intersection of Nashville Avenue and Earhart Expressway, an area that includes the aforementioned tract that was still undeveloped as of 1922.
    [Show full text]
  • New Orleans, Louisiana
    THE HERITAGE SQUARE PLANNING PROJECT: AN EXPLORATION OF THE PHYSICAL IMPLICATIONS OF ECONOMIC DEVELOPMENT POLICIES WITHIN A MEDIUM SIZED URBAN COMMUNITY by Lewis Duane Jackson MCP Massachusetts Institute of Technology 1973 BA Hampton Institute 1971 Submitted in Partial Fulfillment of the Requirements for the DEGREE OF MASTER OF ARCHITECTURE at the MASSACHUSETTS INSTITUTE OF TECHNOLOGY JUNE, 1978 Signature of the Author Qpartment of Architecture February 14, 1977 Certified by Tunney Lee, Associ:de Profess o9 Architecture and Urban Design Thesis Supevisor Accepted by Chester Syrague, Chairman Departmental Committee for Gradwgtfitudents Q Copyright 1978, Lewis Duane Jackson MAY 16 197 Table of Contents ABSTRACT .. .. .. .. .. .. .. .. .. .. 3 DEDICATION . .. .. .. .. .. - .. 4 ACKNOWLEDGEMENTS . .. .. .. .. .. .. .. 5 INTRODUCTION . .. ... .. ... 6 CHAPTER 1 ....... ........ .. -- . .. 10 CHAPTER 2 . .. .. .. .. .. .. 20 CHAPTER 3 . .. .. .. .. .. 41 CHAPTER 4 .. .. .. .. .. .. 62 CHAPTER 5 . .. .. .. .. .. 71 CONCLUSION ... ......... ........ .. 89 BIBLIOGRAPHY . .. .. .. .. .. 92 2 Abstract THE HERITAGE SQUARE PLANNING PROJECT: AN EXPLORATION OF THE PHYSICAL IMPLICATIONS OF ECONOMIC DEVELOPMENT POLICIES WITHIN A MEDIUM SIZED URBAN COMMUNITY L. Duane Jackson Submitted to the Department of Architecture on February 14, 1978 in partial fulfillment of the requirements for the degree of Master of Architecture. The Heritage Square Planning Project was an attempt to reverse the spirally decay, both physically and economically, of the Central City neighborhood of New Orleans, Louisiana. Its principal components, the development of a light industrial park, a convenience goods center and two hundred and fifty units of new and rehabilitated housing, reflected the first effort initiated by local residents, to alter the quality of life within their neighborhood. Impetus for redevelopment had been inspired by western expansion of the central business district and residential reinvestment along the areas southern border.
    [Show full text]
  • HB493 Engrossed
    HLS 10RS-303 ENGROSSED Regular Session, 2010 HOUSE BILL NO. 493 BY REPRESENTATIVE CONNICK PUBLIC SFTY/DEPARTMENT: Transfers the Crescent City Connection police from DOTD to DPS&C 1 AN ACT 2 To amend and reenact R.S. 47:820.5.2(F)(7), to enact R.S. 36:408(B)(4) and R.S. 40:1379.9, 3 and to repeal R.S. 35:408 and R.S. 48:1101.1, relative to the Crescent City 4 Connection police; to provide for the transfer of the Crescent City Connection police 5 from the Department of Transportation and Development to the Department of 6 Public Safety and Corrections, public safety services; and to provide for related 7 matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 36:408(B)(4) is hereby enacted to read as follows: 10 §408. Offices; purposes and functions 11 * * * 12 B. 13 * * * 14 (4) Within the office of state police there shall be the Crescent City 15 Connection Police Force (R.S. 40:1379.9) which shall perform the functions and the 16 duties of the state related to the Crescent City Connection Bridge as provided by law 17 and department rules and regulations. 18 * * * Page 1 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 10RS-303 ENGROSSED HB NO. 493 1 Section 2. R.S. 40:1379.9 is hereby enacted to read as follows: 2 §1379.9. Crescent City Connection police 3 A. The Crescent City Connection Police is hereby created within the 4 Department of Public Safety and Corrections, office of state police, The deputy 5 secretary for public safety services may, at his discretion, appoint, fix salaries of, and 6 pay bridge police in accordance with Department of State Civil Service regulations.
    [Show full text]
  • The Julia at St. Charles 730 Julia Street, New Orleans, LA
    The Julia at St. Charles 730 Julia Street, New Orleans, LA Overview Site Plan Aerial Nearby Retail Landmarks N.O. Districts Downtown Demos Ground Floor Retail For Lease Available • 608 SF - 8,397 SF Available Ground Floor Commercial Space Co-Tenants • True Food Kitchen (Opening Spring 2019) • Bonci Pizzeria (Opening Spring 2019) Property Overview • 17,000+ SF Total of Ground Floor Commercial Space • 197 Residential Apartments • Location – Infill location nestled between the Warehouse and South Market Districts, well over 600 apartments to be built on the same block by 2020 • Located in the Warehouse District, bounded by famous St. Charles Avenue, Julia Street and Carondelet Street • 3.5 Million streetcar riders and 7.5 Million vehicles pass by the property annually Executive Summary An exciting, new mixed-use development in the heart of New Orleans’ Warehouse District, Nearby Landmarks The Julia will feature over 17,000 SF of ground floor retail space, 197 apartments, and • South Market District • Contemporary Arts Center generous indoor garage parking. Construction is underway with a projected opening of June • National World War II Museum • Ogden Museum of Southern Art 2019. To note, owner will build-to-suit. • Art Galleries along Julia Street • Ernest N. Morial Convention Center The development sits in a prime Warehouse District corridor, captures the ingress and egress of the downtown commuter, fronts two of the major streetcar lines, and is centrally • Rouses Market • New Orleans Culinary and Hospitality located within the city, so as to provide easy access to the primary submarkets of the city Institute (NOCHI) • Ace Hotel of New Orleans.
    [Show full text]
  • Mid-City Second-Floor Office Space 4164 Canal Street NEW ORLEANS, LA 70119
    201 St. Charles Ave., Suite 4411, New Orleans, LA 70170 504.581.5005 | corp-realty.com OFFICE SPACE | FOR LEASE Mid-City Second-Floor Office Space 4164 Canal Street NEW ORLEANS, LA 70119 Andrea Arons Huseman CCIM Jeff Cohn [email protected] [email protected] 504.587.1450 504.581.5005 SECOND FLOOR OFFICE WITH CENTRAL LOCATION 4164 Canal Street, New Orleans, LA 70119 PROPERTY DESCRIPTION PROPERTY OVERVIEW This second floor office space is located in a two-story office building in Mid- SIZE: 2,000 rsf (approximate) City. The space features six offices, three restrooms, and a kitchen. It has its own entrance and shares parking with the neighboring tenant. The space also includes a patio and offers abundant natural light through windows on both sides. RENTAL RATE: $16.00/rsf, modified gross (net of utilities and water) This is an ideal central location, convenient to businesses, restaurants, coffee shops, and other retail centers such as Mid-City Market. It is on the Canal streetcar line PARKING: Three off-street parking spaces included with and near Orleans Parish bus stops. Canal Street and Carrollton Avenue are major the lease thoroughfares, providing quick connection to I-10 and Pontchartrain Expressway as well as the Medical District and CBD, City Park, and Metairie. Andrea Arons Huseman CCIM Jeff Cohn [email protected] [email protected] 504.587.1450 504.581.5005 4164 CANAL STREET FLOOR PLAN & PICTURES rest- office room rest- room office office conference office office restroom office office kitchen office office office office restroom
    [Show full text]
  • Restoring Claiborne Avenue Alternatives for the Future of Claiborne Avenue
    Restoring Claiborne Avenue Alternatives for the Future of Claiborne Avenue A Report to the Claiborne Corridor Improvement Coalition and Congress for the New Urbanism Prepared by Smart Mobility Inc. and Waggonner & Ball Architects 15 July 2010 CLAIBORNE CORRIDOR IMPROVEMENT COALITION The mission of the Claiborne Corridor Improvement Coalition is to plan and advocate for the transformation of the Claiborne Corridor into a healthy, vibrant boulevard that will not only serve as an anchor for the Corridor’s neighborhoods, but for the whole city of New Orleans. This report is the result of the efforts of the Coalition to gather information and inform the community about the alternatives for the Claiborne Avenue/I‐10 Corridor. The Coalition was formed by NEWCITY Neighborhood Partnerships, a coalition of developers, funders, neighborhood organizations, service providers, churches & faith‐ based groups, schools & universities, and government agencies focused on educational, economic, health, and housing development in the Tremé/Lafitte and Tulane/Gravier neighborhoods. The report has been prepared for the Coalition by the Congress for the New Urbanism, a national leader in promoting walkable, neighborhood‐based development as an alternative to sprawl, with assistance from the National Endowment of the Arts and the Ford Foundation. Members: Vaughn Fauria, NewCorp Inc., Co‐Chair, Claiborne Corridor Improvement Coalition (CCIC) Lisa Amoss, Broad Community Connections Bill Borah, Smart Growth for Louisiana Arianne Cousin, Urban Development Research Center Jack Davis, Smart Growth for Louisiana, Co‐Chair, CCIC Clifton James, Urban Development Research Center, Co‐Chair, CCIC Jim Kelly, Providence Community Housing/Catholic Charities, Co‐Chair, CCIC Nick Roosevelt, NEWCITY Neighborhood Partnership Daniel Samuels, Architect John Norquist, Congress for the New Urbanism Nora Beck, Congress for the New Urbanism Report Prepared for: Consultant Team: Lucy Gibson, P.E.
    [Show full text]
  • History of the New Orleans Flood Protection System
    New Orleans Levee Systems Independent Levee Hurricane Katrina Investigation Team July 31, 2006 CHAPTER FOUR: HISTORY OF THE NEW ORLEANS FLOOD PROTECTION SYSTEM 4.1 Origins of Lower New Orleans New Orleans is a deep water port established in 1718 about 50 miles up the main stem of the Mississippi River, on the eastern flank of the Mississippi River Delta. New Orleans was established by the French in 1717-18 to guard the natural portage between the Mississippi River and Bayou St. John, leading to Lake Pontchartrain. The 1749 map of New Orleans by Francois Saucier noted the existence of fresh water versus brackish water swamps along the southern shore of Lake Pontchartrain. The original settlement was laid out as 14 city blocks by 1721-23, with drainage ditches around each block. The original town was surrounded by a defensive bastion in the classic French style. The first levee along the left bank of the Mississippi River was allegedly erected in 1718, but this has never been confirmed (it is not indicated on the 1723 map reproduced in Lemmon, Magill and Wiese, 2003). New Orleans’ early history was typified by natural catastrophes. More than 100,000 residents succumbed to yellow fever between 1718 and 1878. Most of the city burned to the ground in 1788, and again, in 1794, within sight of the largest river in North America. The settlement was also prone to periodic flooding by the Mississippi River (between April and August), and flooding and wind damage from hurricanes between June and October. Added to this was abysmally poor drainage, created by unfavorable topography, lying just a few feet above sea level on the deltaic plain of the Mississippi River, which is settling at a rate of between 2 and 10 feet (ft) per century.
    [Show full text]
  • HB493 Reengrossed
    HLS 10RS-303 REENGROSSED Regular Session, 2010 HOUSE BILL NO. 493 BY REPRESENTATIVE CONNICK PUBLIC SFTY/DEPARTMENT: Transfers the Crescent City Connection police from DOTD to DPS&C 1 AN ACT 2 To amend and reenact R.S. 11:62(5)(f) and 441(F), and R.S. 47:820.5.2(F)(7), to enact R.S. 3 36:408(B)(4) and R.S. 40:1379.9, and to repeal R.S. 35:408 and R.S. 48:1101.1, 4 relative to the Crescent City Connection police; to provide for the transfer of the 5 Crescent City Connection police from the Department of Transportation and 6 Development to the Department of Public Safety and Corrections, public safety 7 services; to provide for termination of the Crescent City Connection Police; and to 8 provide for related matters. 9 Be it enacted by the Legislature of Louisiana: 10 Section 1. R.S. 11:62(5)(f) and 441(F) are hereby amended and reenacted to read as 11 follows: 12 §62. Employee contribution rates established 13 Employee contributions to state and statewide public retirement systems shall 14 be paid at the following rates: 15 * * * 16 (5) Louisiana State Employees' Retirement System: 17 * * * 18 (f) Bridge Police Crescent City Connection Police - 8.5% for those 19 employees eligible for the benefit provided by R.S. 11:441(F). 20 * * * Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 10RS-303 REENGROSSED HB NO. 493 1 §441. Eligibility for retirement 2 * * * 3 F.(1) Notwithstanding the provisions of Subsection A of this Section or any 4 other provision of law to the contrary,
    [Show full text]