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DAVIS v. D. H. HOLMES, LTD.

No. 9174.

359 So.2d 743 (1978)

Ruby DAVIS v. D. H. HOLMES, LTD. and Otis Elevator Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 10, 1978.

Attorney(s) appearing for the Case

Drury, Lozes & Curry, James H. Drury, Robert P. Baumgartner, New Orleans, for defendants-appellants.

Gerdes & Valteau, Paul R. Valteau, Jr., Lloyd W. Hayes, New Orleans, for plaintiff-appellee.

Before LEMMON, BOUTALL and BEER, JJ.

BEER, Judge.

On October 18, 1973, appellee, Ruby Davis, fell while on a moving escalator in D. H. Holmes, Ltd. department store. Suit against D. H. Holmes, Ltd. and Otis Elevator Company resulted in judgment dismissing the claim against Holmes and the awarding of damages in the amount of $8,660 against Otis Elevator Company, who suspensively appeals.

The record is void of any evidence to indicate malfunction of the escalator or impropriety of its design, installation...

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