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MARQUEZ v. CITY STORES CO.

No. 63659.

371 So.2d 810 (1979)

Leopoldo 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 Company, Otis Elevator Company and Commercial Union Insurance Companies.

Supreme Court of Louisiana.

May 21, 1979.

Attorney(s) appearing for the Case

Ralph E. Orpys, Metairie, James David McNeill, New Orleans, for plaintiff-applicant.

Donald O. Collins, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendants-respondents.

DIXON, Justice.

Plaintiff sued the department store, and others, for injuries sustained by his three and one-half year old son when the child's tennis shoe got caught in a descending escalator, resulting in subsequent surgical amputation of the big toe of the left foot. The district court found for the father and against the store owner and its insurer but dismissed the main demand by the father as well as the third party demand of the store owner and its insurer...

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