MARTINEZ v. MODENBACH

No. 11713.

396 So.2d 471 (1981)

Randy E. MARTINEZ v. Johney MODENBACH, Deloris Modenbach, and State Farm Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Refused May 1, 1981.


Attorney(s) appearing for the Case

Chauppette & Genin, Daryl A. Higgins, Marrero, for plaintiff-appellant.

Buckley & Ward, Joseph R. Ward, Jr., New Orleans, for defendants-appellees.

Before GULOTTA, BOUTALL and HUGHES, JJ.


GULOTTA, Judge.

Randy Martinez appeals from the dismissal of his personal injury suit against a neighbor for injuries sustained when he slipped and fell on wet grass in the neighbor's yard while chasing the neighbor's dog from his yard. At the time of the accident, the dog had been digging in and destroying plaintiff's flower beds, as it had done on approximately twelve other occasions.

The facts are virtually undisputed. Defendants acknowledge that plaintiff...

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