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MILLER v. SMITH

No. 13521.

391 So.2d 1263 (1980)

Vera Jenkins MILLER and Ivy Lea Miller v. Ralph SMITH, d/b/a Skinneys, and Aetna Casualty and Surety Co.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 15, 1980.

Writ Granted February 6, 1981.

Attorney(s) appearing for the Case

Paul H. Due, Baton Rouge, William M. Quin, Kentwood, for plaintiffs.

Iddo Pittman, Jr., Hammond, for defendants.

Before EDWARDS, LEAR and WATKINS, JJ.

EDWARDS, Judge.

Defendants, Ralph Smith, d/b/a Skinneys, and Aetna Casualty and Surety Co., hereinafter collectively called Skinney's,1 appeal a trial court judgment awarding damages to Vera Jenkins Miller and Ivy Lea Miller. We reverse.

On the evening of May 13, 1977, plaintiffs went to dinner at Skinney's, a combination restaurant and lounge with a dance floor. They ordered a Wop salad and fried chicken. While eating, they observed...

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