GIOE v. DUCOTE AND LEE CORP.

No. 11152.

381 So.2d 530 (1980)

Kieth GIOE v. DUCOTE AND LEE CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

February 20, 1980.


Attorney(s) appearing for the Case

Mary Beoubay Petruccelli, Arabi, for plaintiff.

Jerald N. Andry, Gilbert V. Andry, III, New Orleans, for defendant.

Before REDMANN, LEMMON and SCHOTT, JJ.


REDMANN, Judge.

The record in this case supports the trial court's decision that defendant did not exercise the reasonable care owed by a depositary in respect to plaintiff's new outboard engine. Defendant knew that its yard's chain-link fence, although protected by barbed wire at its top, had a ten to 15 inch opening at its bottom over a three to five foot area which, as one would reasonably foresee, would greatly facilitate the theft of an outboard motor. Moreover...

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