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UPTON v. L.O.B. ENTERPRISES

No. CA-3257.

492 So.2d 1252 (1986)

Anna Upton, Wife of/and Kenneth D. UPTON, Jr. v. L.O.B. ENTERPRISES, Guy Lowe, Charles E. Bussey, Lloyd D. O'Quin, and Insurance Company of North America.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 17, 1986.

Attorney(s) appearing for the Case

Lawrence D. Wiedmann, W. Lloyd Bowers, Marks H. Bagalman, Roy S. Lilley, Bagalman, Faubacher, & Lilley, Metairie, for plaintiffs-appellants Anna M. Upton, wife/of and Kenneth D. Upton, Jr.

Henri Wolbrette, III, J. Forrest Hinton, McGlinchey, Stafford, Mintz, Cellini & Lang, P.C., New Orleans, for defendants-appellees L.O.B. Enterprises, Guy Lowe, Jr. and Ins. Co. of North America.

Adrianne L. Baumgartner, Porteous, Hainkel, Johnson & Sarpy, Covington, for defendants-appellees Kenneth D. Upton, Jr., James E. Riley, and Flame-N-Burger, Inc.

Before REDMANN, C.J., and BARRY and LOBRANO, JJ.

BARRY, Judge.

The initial issue is whether there is sufficient evidence to find that an alleged building defect resulted in plaintiff's slip and fall accident.

On September 30, 1980 Anna Upton, manager of a Flame-N-Burger restaurant, was injured when she slipped and fell while mopping a puddle of water in the kitchen area. She contends the water accumulated from an opening between the back wall of the kitchen and the floor allowing water seepage during inclement...

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