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LEVY v. DUCLAUX

No. 7117.

324 So.2d 1 (1975)

Mrs. Leonard LEVY v. Mrs. Gayle K. DUCLAUX and Mrs. Patsy Desforges, d/b/a the Lazybug Shop, Defendants-Appellants, and Employers-Commercial Union Insurance Company of America, Appellees.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied January 13, 1976.

Writs Refused March 9, 1976.

Attorney(s) appearing for the Case

Stephen R. Plotkin, New Orleans, for plaintiff-appellee.

Henican, James & Cleveland, C. Ellis Henican, New Orleans, for defendants-appellants.

Drury, Lozes & Curry, Rene A. Curry, Jr., New Orleans, for defendant-third party defendant-appellee.

Before STOULIG, SCHOTT and MORIAL, JJ.

SCHOTT, Judge.

This action for damages arose out of an incident which occurred on September 30, 1971, in a shop owned and operated by defendants, Duclaux and Desforges, where plaintiff was accused of shoplifting by one of defendants' employees. The primary defense was immunity from liability by virtue of LSA-C.Cr.P. Art. 215 and the comment thereunder. Defendant insurer also defended on the basis that its policy of insurance on the shop owners did not protect them...

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