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WHITAKER v. CHURCH'S FRIED CHICKEN, INC.

No. 65401.

387 So.2d 1093 (1980)

Ethel B. WHITAKER, Individually and as Administrator of the Estate of her Minor Child Jimmy Dell Whitaker v. CHURCH'S FRIED CHICKEN, INC., et al. Ethel B. WHITAKER, Individually and As Administrator of the Estate of her Minor Child Jimmy Dell Whitaker v. Charles BATISTE and the Fireman's Fund Insurance Company.

Supreme Court of Louisiana.

Concurring Opinion October 3, 1980.

Attorney(s) appearing for the Case

Breazeale, Sachse & Wilson, Henry D. Salassi, Jr. and Jay G. McMains, Lane & Clesi, Frank A. Fertitta, Watson, Blanche, Wilson & Posner, David Robinson, Baton Rouge, for defendants-respondents.

Smith & Osborne, J. Arthur Smith, III, Baton Rouge, for plaintiff-applicant.

WATSON, Justice.

These consolidated lawsuits involve claims for workmen's compensation benefits and tort damages. As to the tort claim asserted against Charles Batiste and Fireman's Fund Insurance Company, the trial court concluded that Whitaker was barred from recovery by his contributory negligence. The judgment of the trial court was affirmed by the Court of Appeal. See 373 So.2d 1371. The trial court was not clearly in error...

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