SMOLINSKI v. TAULLI

No. 4640.

259 So.2d 378 (1972)

Thomas SMOLINSKI, Sr., Individually and as Administrator of the Estate of his Minor Son, Thomas Smolinski, Jr. v. Saverio TAULLI.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion March 7, 1972.

Rehearing Denied March 21, 1972.

Writ Granted May 1, 1972.


Attorney(s) appearing for the Case

Dufour, Levy, Marx, Lucas & Osborne, (Michael Osborne), New Orleans, for plaintiff-appellant.

Nelson & Nelson, (J. Thomas Nelson, Charles C. Garretson and Michael A. Dessonnes), New Orleans, for defendant-appellee.

Before LEMMON, GULOTTA, and BOUTALL, JJ.


BOUTALL, Judge.

This is a suit by a tenant against his landlord for injuries sustained by the tenant's minor child in a fall allegedly caused by a vice or defect in the rented premises. The facts concerning the accident are in some dispute, as there were no eyewitnesses, but we feel the following is a fairly accurate account of the events of that day.

Defendant Taulli rented to the plaintiff a one-bedroom efficiency apartment located on the second floor over...

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