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CARTER v. STEAK HOUSE STEAKS, INC.

No. 12-394.

107 So.3d 97 (2012)

Darnell and Michelle CARTER, Individually and as Natural Parents of Kyris Carter (Deceased) v. STEAK HOUSE STEAKS, INC., James Nations, Jr., and XYZ Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 28, 2012.

Attorney(s) appearing for the Case

Pius A. Obioha , Alistair A. Adkinson , Michal J. Harris , Law Offices of Pius A. Obioha & Associates, LLC, New Orleans, LA, for Plaintiffs/Appellants, Darnell and Michelle Carter.

Richard E. King , Jennifer L. Simmons , Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, for Defendants/Appellees, James Nations, Jr. and Steak House Steaks, Inc.

Matthew J. Ungarino , Ungarino & Eckert L.L.C., Metairie, LA, J. Michael Nash , Ungarino & Eckert L.L.C., Shreveport, LA, for Defendant/Appellee, Steak House Steaks, Inc.

Court composed of JOHN D. SAUNDERS, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.

GENOVESE, Judge.

Plaintiffs, Darnell and Michelle Carter, individually and as natural parents of Kyris Carter (deceased), appeal the judgment of the trial court sustaining an exception of no right of action in favor of Defendants, James Nations, Jr. and Steak House Steaks, Inc. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

This matter is before the court on an exception of no right of action. On April 25, 2011, Darnell...

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