SIMMONS v. HERNANDEZ

No. 4375.

287 So.2d 637 (1973)

Clyde S. SIMMONS and John A. Simmons, Plaintiffs and Appellants, v. F. E. HERNANDEZ et al., Defendants and Appellees, v. SLIMAN ENTERPRISES, INC., Defendant-Third Party Plaintiff-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 21, 1974.

Writ Refused March 8, 1974.


Attorney(s) appearing for the Case

Godfrey & O'Neal by John P. Godfrey, Many, for plaintiffs and appellants.

Hall & Coltharp by L. H. Coltharp, Jr., DeRidder, Gold, Hall, Hammill & Little by Donald Sharp, Alexandria, Jack L. Simms, Jr., Leesville, for defendants and appellees.

Before FRUGE, MILLER and DOMENGEAUX, JJ.


DOMENGEAUX, Judge.

This case arises out of an accident which happened when Mrs. Clyde S. Simmons, who was 66 years old at the time, fell in the entranceway of a hardwarefarm supply store in Leesville, Louisiana. This suit was originally brought by Mrs. Simmons and her husband against:

(a) the lessee, occupier of the building —F. E. Hernandez, d/b/a Hernandez Hardware Co., and Hernandez Farm Supply, Inc. (b) the lessee's insurer—Traders...

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