PENN v. SCHWEGMANN WESTSIDE EXPRESSWAY, INC.

No. 11395.

391 So.2d 978 (1980)

Phillomene B. PENN v. SCHWEGMANN WESTSIDE EXPRESSWAY, INC.

Court of Appeal of Louisiana, Fourth Circuit.

December 9, 1980.


Attorney(s) appearing for the Case

Robert McComiskey, New Orleans, for plaintiff-appellee.

Beard, Blue, Schmitt, Mathes, Koch & Williams, Madison C. Moseley, New Orleans, for defendant-appellant.

Before SAMUEL, BARRY and SARTAIN, JJ.


BARRY, Judge.

This matter arose because of injuries plaintiff received when she fell into an open storm drain in defendant's parking lot. The District Court found the defendant negligent for failing to notice the exposed drain and determined plaintiff was not contributorily negligent in failing to see the hole because it was obscured by an overturned shopping cart. Plaintiff was awarded $5,500.00 in damages which is not an issue on appeal.

Defendant urges...

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