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MILLER v. STATE FARM FIRE AND CAS. CO.

No. 85-CA-369.

487 So.2d 459 (1986)

Vivian Englade Wife of/and John MILLER v. STATE FARM FIRE AND CASUALTY COMPANY, Jefferson Parish, Louisiana Gas Service Company, Jefferson Parish Drainage and Sewerage Company and Lynden Bishop.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 16, 1986.

Attorney(s) appearing for the Case

Harry T. Widmann, New Orleans, for plaintiffs-appellants, Vivian and John Miller.

Robert H. Cooper and R.F. Spangenberg, IV, Metairie, Counsel for defendants-appellees, State Farm and Lyndon Bishop.

Hubert A. Vondenstein, Steven B. Witman, Gretna, for defendants-appellees, Jefferson Parish and Jefferson Parish Drainage and Sewerage Co.

G. Bruce Parkerson, New Orleans, for defendants-appellees, La. Gas Service Co.

James W. Hailey, Jr., Metairie, for defendants-appellees, C.J. Calamia Const. Co. and Md. Cas. Co.

Before GAUDIN, GRISBAUM and DUFRESNE, JJ.

GAUDIN, Judge.

On March 2, 1982, 48-year-old Mrs. Vivian Miller, an Avon sales representative, tripped over a two- to three-inch sidewalk rise and fell in front of the Lynden Bishop residence at 1401 David Drive in Metairie, Louisiana. Her subsequent suit for damages in the 24th Judicial District Court was dismissed, and on appeal she contends that the trial judge erred:

(1) In finding that she assumed the risk by trying to step over the sidewalk rise rather...

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