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SMITH v. McGITTIGAN

No. 10337.

376 So.2d 598 (1979)

Orastine SMITH v. Rosalie Franzella McGITTIGAN and Pascal Palmisano.

Court of Appeal of Louisiana, Fourth Circuit.

October 10, 1979.

Attorney(s) appearing for the Case

Kerry P. Cuccia, New Orleans, for defendant-appellant.

Michael A. Dessommes, New Orleans, for plaintiffs-appellees.

Before STOULIG, SCHOTT and BEER, JJ.

BEER, Judge.

Orastine Smith, a tenant, sued McGittigan and Palmisano, her landlords, for injuries sustained when the porch gave way as she approached her front door. Pleas of contributory negligence and assumption of risk were advanced by the defendant-appellants. The trial court awarded damages precipitating this appeal.

Contributory negligence is a valid defense in instances where a tenant foolhardily undertakes...

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