ATKINS v. FRAZELL

No. 84 CA 0457.

470 So.2d 505 (1985)

Michael Allen ATKINS v. David FRAZELL, et al.

Court of Appeal of Louisiana, First Circuit.

May 29, 1985.


Attorney(s) appearing for the Case

Rhett R. Ryland, Baton Rouge, for plaintiff-appellant Michael Allen Atkins.

Bonnie C. Wilson, Baton Rouge, for defendant-appellee.

Northeastern Fire Ins. Co. of Pennsylvania, King of Prussia, Pa., for defendant-appellee in pro. per.

Before GROVER L. COVINGTON, C.J., and LOTTINGER and JOHN S. COVINGTON, JJ.


JOHN S. COVINGTON, Judge.

This bench trial of a personal injuries suit resulted in the trial judge's granting defendants' motion for involuntary dismissal under C.C.P. art. 1672. Plaintiff appeals. We reverse and remand.

FACTS

Plaintiff and two companions went to Yesterday's Lounge on February 15, 1982, arriving about 10:00 or 10:30 p.m. After consuming their second round of beer, they ordered a third round, but plaintiff did not have the opportunity...

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