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WOLVERTON v. CITY STORES CO.

No. 9432.

363 So.2d 1321 (1978)

Mary Etta WOLVERTON, guardian and adult next friend of the minor, Judy Elaine Wolverton, Age 11 v. CITY STORES COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

October 12, 1978.

Attorney(s) appearing for the Case

Charles R. Maloney, New Orleans, for plaintiffs-appellants-appellees Mary Etta Wolverton, etc.

Drury, Lozes & Curry, James H. Drury, New Orleans, for defendant-appellee-appellant Otis Elevator Co.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Claude D. Basser, New Orleans, for defendant-appellee City Stores Co.

Before GULOTTA, STOULIG and GARRISON, JJ.

GARRISON, Judge.

This suit was originally brought by Mary Etta Wolverton, individually and on behalf of her daughter Judy Elaine Wolverton, who was eleven years old in August 1968 when she was injured by a fall on the "up" escalator in the Maison Blanche store on Canal Street in New Orleans. By the time of the trial in 1977, Judy Wolverton was 19 years old and was substituted as party plaintiff on her own behalf by oral motion. Her mother, however, remained a party...

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