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PREJEAN v. GREAT ATLANTIC & PACIFIC TEA CO.

No. CA-1125.

457 So.2d 60 (1984)

Mrs. Harriet Thomas PREJEAN wife of/and Early Prejean v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., d/b/a A & P Food Stores.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion October 23, 1984.

Rehearings Denied October 29, 1984.

Writ Denied December 14, 1984.

Attorney(s) appearing for the Case

Lambert J. Hassinger, New Orleans, for plaintiffs-appellants Mrs. Harriet Thomas Prejean.

Melanie Shaw, Henican, James & Cleveland, New Orleans, for defendant-appellee The Great Atlantic & Pacific Tea Co., Inc., d/b/a A & P Food Stores.

Before REDMANN, C.J., and GARRISON, BARRY, KLEES and WILLIAMS, JJ.

BARRY, Judge.

Plaintiff appeals the dismissal of her lawsuit for damages which allegedly resulted from viewing and smelling a rotten roast.

At about 10 p.m. on April 14, 1979 Mrs. Harriet Prejean and her husband purchased a roast from the defendant grocery store for Easter dinner the next day. Both stated the top part of the meat appeared pink through the cellophane wrap. They went directly home and the roast was put in the refrigerator. The following morning...

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