SPURLOCK v. SCHWEGMANN BROS. GIANT SUPERMARKET

No. CA-3126.

475 So.2d 20 (1985)

Howard SPURLOCK, Jr., and Isabelle B. Spurlock on her own behalf and on Behalf of her minor children, Joseph Spurlock and Linda Spurlock v. SCHWEGMANN BROS. GIANT SUPERMARKET and XYZ Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 27, 1985.


Attorney(s) appearing for the Case

Belhia V. Martin, New Orleans, for plaintiff-appellants Howard Spurlock, Jr., and Isabelle B. Spurlock, on her own behalf and on behalf of her minor children, Joseph Spurlock and Linda Spurlock.

Madison C. Moseley, Blue, Williams & Buckley, Metairie, for defendant-appellee Schwegmann Bros. Giant Supermarket and XYZ Ins. Co.

Before KLEES, BYRNES and LOBRANO, JJ.


KLEES, Judge.

Plaintiffs, as survivors of the deceased, Howard Spurlock, Sr., have appealed from a summary judgment rendered in favor of defendant. It is contended that the trial court erred in granting summary judgment as the record and facts show material issues of fact which are litigable for trial on the merits. We disagree and affirm the summary judgment.

On November 5, 1980, Howard Spurlock, Sr., was purchasing gas for his automobile at the self-service...

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