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BREAUX v. GINO'S, INC.

Docket No. AO22534.

153 Cal.App.3d 379 (1984)

200 Cal. Rptr. 260

McNEAL BREAUX, SR., Plaintiff and Appellant, v. GINO'S, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

March 21, 1984.

Attorney(s) appearing for the Case

COUNSEL

Edward I. Mears for Plaintiff and Appellant.

Gregory J. Rockwell, Gail C. Isaacson and Boornazian, Jensen & Garthe for Defendant and Respondent.

OPINION

BARRY-DEAL, J.

McNeal Breaux, Sr., appeals from a summary judgment for respondent Gino's, Inc., in his action for the wrongful death of his wife.1 We affirm.

The undisputed facts are that the decedent choked while eating at a restaurant owned and operated by respondent. An assistant manager of the restaurant called for an ambulance as soon...

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