MORVANT v. KENT'S NURSERY, INC.

No. 84-985.

487 So.2d 449 (1986)

Raymond MORVANT South Central Bell Telephone Co. (Intervenors), Plaintiffs-Appellants, v. KENT'S NURSERY, INC., Kent Langlinais, Casualty Reciprocal Exchange and Interstate Fire & Casualty Co., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied April 11, 1986.


Attorney(s) appearing for the Case

Edward J. Milligan, Jr., Lafayette, for plaintiffs-appellants.

Mouton & Roy, John A. Bivins, Lafayette, for plaintiff-appellee.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell.

Davidson, Meaux Sonnier, & McElligott, V. Farley Sonnier Lafayette, for defendants-appellees.

Before DOMENGEAUX, LABORDE and KING, JJ.


KING, Judge.

The issues presented by this appeal are (1) whether the jury committed manifest error in finding that the plaintiff failed to prove by a preponderance of the evidence that he suffered an injury caused by the negligence of the defendant or by a defect on the premises belonging to the defendant, and (2) whether the matter should be remanded to the trial court for the presentation of additional evidence so as to prevent a miscarriage of justice.

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