JOHNSON v. INSURANCE CO. OF NORTH AMERICA

No. 8238.

351 So.2d 190 (1977)

Mrs. Ellove Johnson, wife of/and Monroe JOHNSON v. The INSURANCE COMPANY OF NORTH AMERICA and Schwegmann Bros., Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted January 11, 1978.


Attorney(s) appearing for the Case

Arnold & Giepert, Melvin J. Giepert, New Orleans, for plaintiffs-appellees.

Beard, Blue, Schmitt, Mathes, Koch & Williams, C. T. Williams, Jr., New Orleans, for defendant-appellant, Schwegmann Bros., Inc.

Before REDMANN, GULOTTA, BOUTALL, SCHOTT and BEER, JJ.


GULOTTA, Judge.

Defendant supermarket appeals from a judgment in favor of plaintiff shopper for damages sustained when cans of merchandise fell from the display shelf and struck plaintiff's left leg and foot. Seeking an increase in the $2,480.00 award, plaintiff has answered the appeal.

According to plaintiff's version of the accident, the cans fell from the lower shelf as she reached for a package of cans on one of the upper shelves. Plaintiff testified that...

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