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RUSCHEL v. WESBAK PARK

No. 84-CA-381.

466 So.2d 584 (1985)

Leonard RUSCHEL, as Administrator of the Estate of His Minor Child, Misty Ruschel v. WESBAK PARK, et al.

Court of Appeal of Louisiana, Fifth Circuit.

March 11, 1985.

Attorney(s) appearing for the Case

John G. Gomila, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Binswanger Glass Co., defendant-appellee.

Matt Greenbaum, New Orleans, for Wesbak Park, United Nat. Ins. Co., Kaufman and Broad Asset Management Corp., and Wesbak Management Corp.

Arnold & Giepert, New Orleans, for Leonard Ruschel, as Adm'r of the Estate of His Minor Child, Misty Ruschel.

Before BOUTALL, KLIEBERT and CURRAULT, JJ.

BOUTALL, Judge.

This is an appeal from a summary judgment dismissing a third-party claim in a tort case.

Briefly, the established facts are as follows: On May 25, 1980, Misty Ruschel, age 4, and her younger cousin were playing unattended in the bedroom of an apartment leased to Chris and Barbara Wilcox by Wesbak Park. The upper half of a window broke and Misty suffered a severe cut on her upper arm. Wesbak Park's employee had replaced a broken window in the...

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