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MARQUEZ v. CITY STORES CO.

No. 9430.

363 So.2d 1287 (1978)

Leopold C. MARQUEZ, Individually and as father and guardian of and for the Use and Benefit of his minor child, James A. Marquez v. CITY STORES COMPANY (Owners of Maison Blanche Stores), Travelers Insurance Companies and Commercial Union Insurance Companies, and Otis Elevator Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 20, 1978.

Attorney(s) appearing for the Case

Drury, Lozes & Curry, James H. Drury and Robert H. Wood, Jr., New Orleans, for defendants-appellees Otis Elevator and Commercial Union Ins.

Ralph E. Orpys, Metairie, for plaintiff-appellee.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Donald O. Collins, New Orleans, for defendants-appellants City Stores Co. (Owners of Maison Blanche Stores) and Travelers Ins.

Before SAMUEL, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

This suit arose out of an accident which occurred on February 21, 1976, in which plaintiff's three and one-half year old child, James, was injured while riding the escalator at the Maison Blanche store in the Lake Forest Plaza in New Orleans. Defendants were City Stores Company, the owner of the store, its insurer, Travelers Insurance Company, Otis Elevator Company, which had constructed the elevator and was under

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