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SAVOY v. DELAUP

No. 83-CA-457.

442 So.2d 1209 (1983)

Frank W. SAVOY v. Diane DeLAUP and Enrique Carvajal.

Court of Appeal of Louisiana, Fifth Circuit.

December 8, 1983.

Attorney(s) appearing for the Case

David A. Hilleren, Hilleren & Bains, New Orleans, for Frank W. Savoy plaintiff-appellant.

W. Marvin Hall, Hailey, McNamara, Hall, Larmann & Papale, Metairie, for Diane DeLaup and Enrique Carvajal.

Before BOUTALL, BOWES and GRISBAUM, JJ.

BOUTALL, Judge.

This is an appeal from a summary judgment rendered in favor of the defendants in a tort suit brought by a tenant against his lessors.

Frank W. Savoy ("Savoy") was injured on June 4, 1982, when the ground gave way beneath him in the yard of a home he rented from Diane DeLaup ("DeLaup") and Enrique Carvajal ("Carvajal"). The hole was located near a shrub at the edge of the lawn and was caused by the rotting of a stump underneath the surface soil...

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