McNulty v. D & G Maintenance Corp.

GULOTTA, Judge.

Plaintiff brings this action for damages sustained when she slipped and fell, in the course of her employment for the City of New Orleans, on a tile floor which had been mopped by defendant maintenance company. The City intervenes seeking reimbursement for workmen’s compensation and medical benefits paid on plaintiff’s behalf.

Following an initial trial of . the matter, the court rendered judgment dismissing plaintiff’s suit for the reason that plaintiff was contributorily negligent in failing to observe a “clean-up” man who was still mopping when the accident occurred. Under…